Naresh Kataria vs State Of M.P.
2021 Latest Caselaw 3951 MP

 HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE

                     M CR C No. 35887 / 2021
               NARESH KATARIA Vs. STATE OF MP
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INDORE, Dated : 04/08/2021
     Heard through video conferencing.
     Mr. R. R. Bhatnagar, learned counsel for the applicant.
     Mr. Jayesh Vyas, learned PL for the respondent - State.

Mr. Ankit Patidar, learned counsel for the objector. This first application under Section 439 of the Code of Criminal Procedure, 1973 is filed by applicant - Naresh Kataria who is in custody since 12/2/2021 in connection with Crime No.876/2020, registered at P.S. Badwani Distt. Badwani (MP) for commission of offence punishable under Sections 420 and 406 of the Indian Penal Code, 1860.

As per prosecution story, complainant Dr. Rashmi Patidar, Sanjeevani Hospital, Badwani lodged a report against the present applicant who is Director of Vaishnavi Sales and Services regarding cheating and breach of trust. As per the report of the complainant, it is alleged that applicant has taken Rs.20.00 lacs in advance for supply of medical equipments but he supplied damaged machinery and when complainant tried to contact with the applicant, he did not pick her phone calls and not supplied proper machines. On this information, Police registered a Crime against the present applicant and arrested the applicant from Raipur Jail jail on 12/2/2021.

Learned counsel for the applicant submits that the applicant is an innocent person and has been falsely implicated in the offence he did not commit any offence. The HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE

M CR C No. 35887 / 2021 NARESH KATARIA Vs. STATE OF MP

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police has formally arrested him on 12/2/2021 from Raipur Jail. He is a reputed businessman dealing with medical equipment. He has never cheated to the complainant. Dispute between both the parties is originally of civil nature, but in order to create pressure, complainant lodged a false criminal case against him. Complainant is connected with the Doctors at Raipur and all of them made a plan to lodge FIR against the applicant. As per the judgment passed by the apex Court in the case of Arnesh Kumar Vs. State of Bihar reported in (2014) 8 SCC 273, the apex Court has held that custodial interrogation is not necessary because offence is triable by Magistrate and punishment is below 7 years, despite police has arrested him. Under the above circumstances, prayer for grant of bail may be considered on such terms and conditions, as this Court deems fit and proper.

Per contra, learned counsel for the respondent - State opposes the bail application and prays for its rejection. It is submitted that there are two more cases registered against the applicant u/S. 420 of the Indian Penal Code, 1860 at P.S. Raipur and P.S. Rajnandgaon.

Learned counsel for the objector has also opposed the bail application and prays for its rejection.

Considering the aforesaid facts and circumstances of the case, nature of the allegation and also the fact that applicant is already in custody since 12/2/2021, the allegation against the applicant is that he has supplied HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE

M CR C No. 35887 / 2021 NARESH KATARIA Vs. STATE OF MP

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damaged machinery, the dispute between both the parties seems to be of civil nature, offence is triable by Judicial Magistrate First Class, and in an offence registered at Raipur, present applicant was released on bail by High Court of Chattisgarh in M.CR.C.No. 2218/2021, trial will take a considerably long time for its final conclusion, without commenting upon the merits of the case, I deem it proper to release the applicant on bail. Accordingly, the present application is allowed.

It is directed that applicant Naresh Kataria be released on bail on his furnishing personal bonds in the sum of Rs.2,00,000/- (Rs. Two lacs only) with one solvent surety in the like amount to the satisfaction of the trial Court for his appearance before the trial Court, as and when required. He shall abide by the conditions enumerated u/S. 437(3) Cr.P.C., Before releasing the applicant from the custody, the Jail Authorities are directed to medically examine him in order to rule out the possibility of Covid-19 infections and shall comply with the directions issued by the Hon'ble Apex Court in W.P.No. 01/2020.

Certified copy, as per Rules.

(ANIL VERMA) JUDGE KR

Digitally signed by KAMAL RATHORE Date: 2021.08.04 16:24:27 +05'30'