Atul Jain vs The State Of Madhya Pradesh
2021 Latest Caselaw 8599 MP

                                       1                             MCRC-60624-2021
          The High Court Of Madhya Pradesh
                  MCRC No. 60624 of 2021
                        (ATUL JAIN Vs THE STATE OF MADHYA PRADESH)


Gwalior, Dated : 10-12-2021
         Shri Pradeep Katare, learned counsel for the applicant.

         Shri B.P.S. Chauhan, learned PP for the respondent/State.

Heard learned counsel for the parties at length and perused the case diary.

The applicant has filed this First application u/S 438, Cr.P.C. for grant

of anticipatory bail.

Applicant apprehends his arrest in connection with Crime No.634/2021 registered at Police Station Dehat District Bhind for the offence punishable under Sections 420, 272, 273 of IPC.

It is alleged that the applicant has been falsely implicated in the case. He has not committed any offence in any manner. There is no allegation on record to implicate the present applicant. He has been implicated in the offence on the basis of memo of other co-accused recorded under Section 27 of Evidence Act.There are allegations of adulteration against the present

applicant. He has placed reliance upon the judgment passed by this Court in the case of Zarina Begum Vs. State of M.P. [2021(2)M.P.L.J. (Cri) 276], wherein the concept of grant of anticipatory bail was taken note of by this Court. He is ready to abide by the terms and conditions as may be imposed by this Court. With the aforesaid submissions, prayer for grant of bail is made.

Learned counsel appearing for the State vehemently opposed the application and prayed stating that the premises from which the articles have been seized belong to the present applicant. He is owner of the factory and was running the same. When the search was made, co-accused was arrested and he has disclosed the fact that the applicant is owner of the factory in question, wherein such illegal activities are being carried out.

Considering the overall facts and circumstances of the case and also 2 MCRC-60624-2021 the fact that in case of food adulteration there are specific directions of Hon'ble Supreme Court that not to take a lenient view, this Court does not deem it appropriate to allow the application.

The application is hereby rejected. The applicant is directed to surrender and apply for regular bail.

Certified copy/e-copy as per rules/directions.

(VISHAL MISHRA) JUDGE

neetu

NEETU SHASHANK 2021.12.13 14:59:27 +05'30'