Madhya Pradesh High Court
Lokesh Agrawal vs The State Of Madhya Pradesh on 16 September, 2021
Author: Shailendra Shukla
1
HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE
MISC. CRIMINAL CASE NO.45464 OF 2021
(Lokesh Agrawal vs The State of Madhya Pradesh)
Indore, Dated 16.09.2021
Mr. A.S. Garg, learned senior counsel along with Mr.
Sapnesh Jain, counsel for the Applicant.
Mr. Viraj Godha and Mr. Hemant Sharma, learned counsel
for the Non-Applicant/State.
Arguments heard. Perused the case diary.
ORDER
This is second bail application filed by the applicant -
Lokesh Agrawal S/o Shardanandji Agrawal under Section 439
of Code of Criminal Procedure, 1973 for grant of bail in
connection with Crime No.428/2020 registered at Police Station-
Badgonda, Mhow, District-Indore (MP) for the offence punishable
under Section 420, 465, 467, 471, 186, 201 of Indian Penal
Code, 1860 and Section 3 and 7 of Essential Commodities Act,
1955 and the applicant is in custody since 24.08.2020.
The first application was disposed of by this Court on
20.05.2021.
As per prosecution story, the allegation against the present
applicant was that he was involved in the conspiracy hatched in
which the rice meant for public distribution system was unloaded
in a godown which was later on substituted with low quality rice
for distributing the same to the general public. Accordingly case
has been registered against him.
Learned senior counsel for the applicant submits that in this
matter four witnesses have been examined and all of them have
turned hostile. He submits that the applicant is in jail since
24.08.2020 and the conclusion of trial would take considerably
long time. He has drawn Court's attention to the judgment of
HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE
MISC. CRIMINAL CASE NO.45464 OF 2021
(Lokesh Agrawal vs The State of Madhya Pradesh)
Bhagirathsingh Judeja vs State of Gujarat reported in AIR
1984 SUPREME COURT 372 in which it has been laid down that
if the accused is not likely to tamper the evidence and if he is
likely to be readily available then bail be not denied to him and
further in the case of Mohan Raikwar vs State of Madhya
Pradesh 999(2) MPLJ in which it has been laid down that the
Court should consider the aspect of the personal liberty of an
individual and it should not be interfered by unnecessarily
keeping him in jail. With these submissions, bail has been sought.
It was further submitted that no scientific method has been
adopted by the prosecution to ensure that the rice recovered from
the godown was in fact the same rice meant for PDS. It has
further been stated that the sacks which were in the godown were
empty sacks and these sacks are readily available in the market
and the receipt there of has been filed on 13.09.2021, as
document of the same.
The learned counsel for State submits that the offence
committed by the applicant is extremely serious in nature which is
impinging upon the rights of general public and that there is no
delay in the trial. He has drawn Court's attention to the
punchnama which was executed showing the specific markings
on the jute bags which were in fact the sacks meant for
transporting the food grains for public distribution system.
Considered the submissions.
After due consideration of the facts and circumstances of
the case and looking to the period of jail incarceration of the
applicant and the fact that four witnesses have been examined in
the matter and the case is not likely to be concluded in near
HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE
MISC. CRIMINAL CASE NO.45464 OF 2021
(Lokesh Agrawal vs The State of Madhya Pradesh)
future, a case is made out for grant of bail to the present
applicant. Accordingly, the bail application filed by the applicant -
Lokesh Agrawal S/o Shardanandji Agrawal is allowed. The
applicant is directed to be released on bail on his furnishing a
personal bond in the sum of Rs.5,00,000/-(Rupees Five Lakhs)
with one local solvent surety of the like amount to the satisfaction
of Trial Court/Committal Court for his regular appearance before
the Trial Court/Committal Court during trial with a condition that
he shall remain present before the Court concerned during the
trial.
However looking to the seriousness of offence, further
stipulation is that he shall not leave the State of Madhya Pradesh
without prior permission of the Court, he shall not indulge in any
likewise offence or any other offences of any penal provisions of
law in near future, he shall also appear before the trial Court on
each and every occasion as and when desired and he shall also
cooperate with the trial for fair conduction of trial when the case is
listed for trial. The applicant shall also abide by the conditions
enumerated under Section 437(3) of Code of Criminal Procedure,
1973. Miscellaneous Criminal Case No.45464 of 2021 stands
allowed and is disposed of in above terms.
Let a copy of this order be sent to the Court concerned for
compliance. Certified copy, as per Rules.
(SHAILENDRA SHUKLA)
Arun/- JUDGE
Digitally signed by ARUN
NAIR
Date: 2021.09.16 18:32:46
+05'30'
