SATISH Vs. STATE OF M.P.

JUDGEMENT

(1.) This is applicant's first application under Sec. 438 of Criminal Procedure Code, 1973 for grant of anticipatory bail. He is apprehending his arrest in connection with Crime No.429/2021 registered at Police Station Annapurna, District Indore (MP) for offence punishable under Ss. 420, 406, 409 and 120-B of IPC and Ss. 3/7 of Essential Commodities Act, 1955.

(2.) The allegation against the applicant is that he being the Chairman of the Society was running a Fair Price Shop situated at Usha Nagar Main, Indore wherein huge quantity of unaccounted food grains, namely, 62 quintal of wheat and 13 quintal of rice were found in excess, whereas 5 quintal salt and 213 litres of kerosene were also found, despite it was shown as not available in stock Senior Counsel for the applicant has submitted that the applicant has been falsely implicated in the case and is governed by Madhya Pradesh Sarwajanik Vitaran Pranali (Niyantran) Aadesh, 2015 which is complete Code in itself and also provides for such contingency. Senior Counsel has drawn the attention of this Court to Clause 16 of the same, which provides for prosecution where the quantity of goods is found to be 10% more than the monthly allotment. It is further submitted that the offence under Ss. 3/7 of the Essential Commodities Act is a bailable offence and no case is made out so far as Ss. 420, 406, 409/120-B of IPC is concerned. Thus, it is submitted that the applicant against whom there is no criminal antecedent, be released on anticipatory bail.

(3.) Counsel for the respondent/State, on the other hand, has opposed the prayer and it is submitted that no case for grant of anticipatory bail is made out as in the connected M.Cr.C. No.316 of 2022, which was allowed by this Court it has also been observed that the main allegations are against the present applicant only.