Smt. Rehana Khan vs The State Of Madhya Pradesh
2021 Latest Caselaw 1561 MP

Citation : 2021 Latest Caselaw 1561 MP
Judgement Date : 24 April, 2021

Madhya Pradesh High Court

Smt. Rehana Khan vs The State Of Madhya Pradesh on 24 April, 2021

Author: Vishal Mishra

                                   1
         THE HIGH COURT OF MADHYA PRADESH
                       M.Cr.C. No.18960/2021
                ( Smt. Rehana Khan Vs. State of M.P.)

Jabalpur, Dated:-24.4.2021
      Heard through Video Conferencing.

      Smt. Manjit Chuckal, learned counsel for the applicant.

      Shri   Shubham     Rai,    learned   Panel    Lawyer    for   the

respondent/State.

Heard the learned counsel for the parties.

The applicant has filed this first application u/S.438 Cr.P.C. for

grant of anticipatory bail as she has an apprehension of her arrest in

connection with Crime No. Rev. Case No.0037/B-121/2020-21

registered at Police Station Waraseoni, District Balaghat for the

offences punishable under Sections 3/7 of Essential Commodities

Act, 1955.

It is submitted by the learned counsel for the applicant that on

26.2.2021 the Officers of the Food Department, Revenue Department

and Police Department reached Gangotri Complex Waraseoni and

found that in a shop 140 bags of wheat grains were being unloaded

in a private godown weighing about 70 quintals, which belonged to

Public Distribution System and after inquiry the case under the

aforesaid section has been registered against the present applicant.

Learned counsel for the applicant has placed reliance on the judgment

passed by this Court in the case of Rakesh Kumar Vs. State of M.P.

(M.Cr.C.No. 26957/2020 decided on 5.9.2020), wherein considering

THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.18960/2021 ( Smt. Rehana Khan Vs. State of M.P.)

several judgments of the Coordinate Benches as well as the Honb'le

Supreme Court it was held that the offence under section 3/7 of the

Essential Commodities Act, 1955 was held to be bailable in nature.

She submits that the applicant is a first offender and the aforesaid

aspect can be verified by the State Counsel. She is ready to abide by

all the terms and conditions that may be imposed by this Court while

considering the application for grant of bail. Under these

circumstances, learned counsel for the applicant prays for grant of

anticipatory bail to the applicant.

Per contra, learned counsel for the State submits that he is not

in possession of the case diary, therefore, he is not in a position to

make any comments, but he could not dispute that the fact that the

offence under section 3/7 of the Essential Commodities Act, 1955

was held to be bailable as per the judgment passed in Rakesh Kumar

(supra).

Considering the overall facts and circumstances of the case as

well as statement made by the counsel for the applicant that the

applicant is the first offender and also considering the judgment

Annexure A/3 and looking to the present scenario of COVID-19

pandemic, this Court deems it appropriate to allow this application

for grant of anticipatory bail. Accordingly, the application is

allowed, subject to verification of the fact that there is no other

THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.18960/2021 ( Smt. Rehana Khan Vs. State of M.P.)

criminal case is pending against the applicant.

It is hereby directed that in the event of arrest, the applicant

shall be released on bail on her furnishing personal bond of

Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety

of like amount to the satisfaction of Investigation Officer/trial court,

as the case may be with submission of written undertaking that she

will abide by the terms and conditions of different circulars, orders as

well as guidelines issued by Central Government, State Government

as well as Local Administration for maintaining social distancing,

hygiene etc to avoid Novel Corona Virus (COVID-19) pandemic and

she will have to install Arogya Setu App, if not already installed.

This order will remain operative subject to compliance of the

following conditions by the applicant :-

1. The applicant will comply with all the terms and conditions of the bond executed by her;

2. The applicant will cooperate in the investigation/trial, as the case may be;

3. The applicant will not indulge herself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade her from disclosing such facts to the Court or to the Police Officer, as the case may be;

4. The applicant shall not commit an offence similar to the offence of which she is accused;

THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.18960/2021 ( Smt. Rehana Khan Vs. State of M.P.)

5. The applicant will not seek unnecessary adjournments during the trial; and

6. The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.

7. The applicant will inform the concerned S.H.O. of concerned Police Station about her residential address in the said area and it would be the duty of the Public Prosecutor to send E-copy of this order to SHO of concerned police station as well as concerned who shall inform the concerned SHO regarding the same.

Applicant shall install Arogya Setu App in her mobile

immediately and would intimate her place of residence to the SHO of

concerned Police Station; where she reside. Applicant further submit

the undertaking to the effect that she will abide by the terms and

conditions of different circulars, orders as well as guidelines issued by

Central Government, State Government as well as Local

Administration for maintaining social distancing, hygiene etc to avoid

Novel Corona Virus (COVID-19) pandemic.