Shailendra Dwivedi vs The State Of Madhya Pradesh
2021 Latest Caselaw 6562 MP

                                  1                           MCRC-48919-2021
        The High Court Of Madhya Pradesh
                  MCRC-48919-2021
               (SHAILENDRA DWIVEDI Vs THE STATE OF MADHYA PRADESH)


Gwalior, Dated : 20-10-2021
      Heard through hybrid system of physical/ virtual hearing.

      Shri Rajmani Bansal, Counsel for the applicant.
      Shri Manish Nayak, Panel Lawyer for the respondent/ State.

Shri Anvesh Jain, counsel for the complainant. Perused Case diary as well as documents available on record.

This fourth application under Section 439 of CrPC has been filed on behalf of applicant- Shilendra Dwivedi for grant of bail. First application was dismissed as withdrawn vide order dated 22/07/2021 passed in MCRC No.35354/2021. Second application was dismissed as not pressed vide order dated 01/09/2021 passed in MCRC No. 41152/2021. Third application was dismissed as withdrawn vide order dated 09/09/2021 passed in MCRC 41145/2021.

The applicant is in custody since 24/06/2021 in connection with Crime No.262/2021 registered at Police Station University, Gwalior for offence

punishable under Sections 409, 420 of IPC.

It is submitted by learned counsel for the applicant that the applicant is innocent and he has not committed any offence. Rather, the dispute is of civil nature and a false case been registered against the applicant. It is further submitted that applicant had already sought all relevant permission from the authorities concerned and, thereafter, process was started as permission was sought for establishing a retail outlet of biodiesel. Therefore, in the light of judgments passed by High Court of Gujarat at Ahemedabad in Special Criminal Application No.1088 of 2010 [Girishbhai Kantilal Saraiyya vs. State of Gujarat, decided on 28/11/2014 and Rajasthan High Court at Jaipur in SB Civil Writs No.4405 of 2018 [M/s. Kotyark Industries Private Ltd. and another vs. State of Rajasthan and Ors, decided on 24/04/2018], there is no need of any licence for starting aforesaid business.

2 MCRC-48919-2021 Despite that, applicant has followed all the procedures required under the Act. Therefore, no case is made out u/Ss. 409, 420 IPC. LOI was issued in favour of the applicant. It is further submitted that Motor Spirit and High Speed Diesel Oil (Licence and Control) Order, 1980 has been abolished and till now, no Rule has been enacted. Hence, prayed for grant of bail.

On the other hand, the counsel for the State as well as counsel for complainant opposed the application. It is submitted that offence has been registered against applicant for committing forgery and applicant is involved in misappropriation of huge amount.Hence, prayed for rejection of bail application.

Considering the nature and gravity of offence as well as the allegations against the applicant, I am not inclined to grant bail to applicant. The application is accordingly rejected.

(RAJEEV KUMAR SHRIVASTAVA) JUDGE

MKB

Digitally signed by MAHENDRA KUMAR BARIK

MAHENDRA DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474011, st=Madhya Pradesh,

KUMAR BARIK 2.5.4.20=f592da990684fe30f8e1e29a4a1a9e3451e e450d883083a8e4cc8020eee6f7cb, cn=MAHENDRA KUMAR BARIK Date: 2021.10.21 17:23:00 +05'30'