Mahesh Kumar Raikwar vs The State Of Madhya Pradesh
2023 Latest Caselaw 5964 MP

                                    1
 IN      THE       HIGH COURT OF MADHYA PRADESH
                        AT JABALPUR
                              BEFORE
                HON'BLE SHRI JUSTICE ANAND PATHAK
                        ON THE 12 th OF APRIL, 2023
                MISC. CRIMINAL CASE No. 13185 of 2023

BETWEEN:-
MAHESH   KUMAR   RAIKWAR,  S/O  LATE SHRI
GHANSHYAM RAIKWAR, AGED ABOUT 29 YEARS,
OCCUPATION: AGRI.,   GRAM   VIKORA,   P.S.
MAHARAJPUR, DISTRICT CHHATARPUR (MADHYA
PRADESH)

                                                                  .....APPLICANT
(BY SHRI RAM NARAYAN SHAH - ADVOCATE)

AND
THE STATE OF MADHYA PRADESH THROUGH THE
POLICE   STATION    MAHARAJPUR  DISTRICT
CHHATARPUR (MADHYA PRADESH)

                                                                .....RESPONDENT
(BY SHRI AKSHAY NAMDEO - GOVERNMENT ADVOCATE)

        This application coming on for admission this day, the court passed the
following:
                                     ORDER

This is the FIRST application under section 438 of Cr.P.C filed by the applicant who is apprehending his arrest in connection with Crime No.267/2022 registered at Police Station Maharajpur, District Chhatarpur, for the offences punishable under section 7 of the Fertiliser (Control) Order 1985, section 3 of the Seed (Control) Order 1968 and section 29(1)(a) of the Insecticides Act 1968.

It is the submission of learned counsel for the applicant that applicant is apprehending his arrest on the basis of registration of offences referred above.

Initially, the applicant was granted the benefit of provision under section 41-A of Cr.P.C. and he participated in the investigation. Now, charge-sheet has been filed. Therefore, he is again apprehending his arrest. Confinement may bring social disrepute and personal inconvenience. Applicant undertakes to cooperate in the investigation/trial and to make himself available as and when required. He would not be a source of harassment and embarrassment in any manner to the complainant party. Under these grounds, counsel prayed for grant of anticipatory bail to the applicant.

Learned Government Advocate for the State opposed the prayer and submits that notice under section 41-A of Cr.P.C. was given to the applicant

and he participated in investigation. Now, charge-sheet has been filed and therefore the applicant's bail application is not maintainable. The applicant may approach the trial court.

Heard learned counsel for the parties and perused the case diary. Considering the submissions advanced by the learned counsel for the parties and since the applicant participated in investigation after receiving notice under section 41-A of Cr.P.C. and in the light of judgment of Apex Court relied upon in the case of Satender Kumar Antil v. Central Bureau of Investigation and others reported in (2022) 10 SCC 51, but without commenting on the merits of the case, this Court is inclined to grant anticipatory bail to the applicant. It is hereby directed that in the event of arrest, the applicant shall be released on bail on his furnishing personal bond of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the Arresting Authority/trial Court.

This order shall remain operative subject to compliance of the following

conditions by the applicant:-

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

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

3. The applicant shall not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them 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 he is accused;

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

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

7. The applicant would not be a source of embarrassment or harassment to the complainant side and shall not move in the vicinity of complainant side in any manner in future.

Application stands allowed and disposed of.

A copy of this order be sent to the trial Court concerned for compliance and information.

Certified copy as per rules.

(ANAND PATHAK) JUDGE ps

Digitally signed by PRASHANT SHRIVASTAVA Date: 2023.04.12 18:00:18 +05'30'