Madhya Pradesh High Court
Saajan vs The State Of Madhya Pradesh on 21 April, 2025
NEUTRAL CITATION NO. 2025:MPHC-IND:10267
1 MCRC-13248-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE BINOD KUMAR DWIVEDI
ON THE 21st OF APRIL, 2025
MISC. CRIMINAL CASE No. 13248 of 2025
SAAJAN
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Aman Mourya, learned counsel for the applicant.
Shri Surendra Kumar Gupta, learned Public Prosecutor for the
respondent/State.
ORDER
This first bail application under Section 482 of Bharatiya Nagarik
Suraksha Sanhita, 2023 (equivalent to Section 438 of Cr.P.C.) has been filed
by the applicant-Saajan S/o Sadashiv Panchpute for grant of anticipatory
bail, who is apprehending his arrest in connection with Crime No.129/2024
registered at Police Station Crime Branch, District Indore (M.P.) for
commission of offences under Sections 420, 409,34 of IPC.
2. Learned counsel for the applicant submits that applicant is
innocent and has been falsely implicated in the crime. This is a case of pure
civil nature which has been given colour of criminality. FIR was registered
on 07.12.2024 by a delay of 2 years, as incident is allegedly of year 2021. It
has been alleged that even after payment, sugar was not supplied to
Radhakrishna traders, Chanchal Traders and Shrikrishna traders. He further
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submits that Rs.44,25,000/- was allegedly paid by all the aforesaid three
traders in the account of the applicant out of which Rs.29,70,000/-has been
returned to them. It is further submitted that sugar has been supplied to the
Traders. For this he has invited attention of this Court to the e-Way Bill
dated 30.01.2023, 24.01.2023 and 27.01.2023. It is further submitted that
ingredients of Section 409 of IPC is not attracted. Sufficient evidence is not
available on record to establish the complicity of the accused with the
alleged crime. He further submits that to bypass the period of delay, this FIR
has been lodged belatedly just to use it as arm twisting instrument and
creating pressure on the applicant. The applicant is owner of the sugar
factory, which is producing sugar supplied by Bhuleshwari Sugars. Co-
accused has been granted bail. There is no likelihood of his absconding or
tampering with evidence. He will cooperate with the investigation. To
bolster his submissions he has relied on the order dated 09.04.2025 of the
Apex Court in the case of Mitesh Vs. State of Madhya Pradesh
Cr.A.No.1889/2025, paragraphs 36, 39 and 41 of the case of Delhi Race
Club (1940) Ltd and Ors. Vs. State of Uttar Pradesh and another AIROnline
2024 SC 612, order of Apex Court in the case of Radheyshyam and Others
Vs. State of Rajasthan and another Cr.A.No.3030/2024, order of co-ordinate
Bench of this Court in the case of Dr.Prayas Kumar Prakash Vs. State of
M.P. M.Cr.C.No.31414/2022 dated 29.06.2022 and judgment of Apex Court
in the case of Sushila Aggarwal and Ors. Vs. State (NCT of Delhi) and
another AIR 2020 SC 831 . On these contentions, learned counsel prays for
allowing the application for grant of anticipatory bail.
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3. Per contra, learned counsel for the respondent / State has also
vehemently opposed the prayer on the ground that being a merchant the
applicant has obtained huge amount of money from all the three traders in
his account and mere refund of money does not wipe out the offences,
investigation is still going on hence, prays for dismissal of the application.
4. Heard the rival submissions of the learned counsel for the parties
and perused the case diary.
5. In the aforesaid factual backdrop, looking to the allegations and
evidence collected so far, this Court is not impressed by the arguments raised
on behalf of the applicant that no case against the applicant for offence under
Section 409 of IPC is made out, co-accused on similar allegation was
granted regular bail after custody of one month and 15 days, investigation is
still going on, hence, this Court is not inclined to grant benefit of anticipatory
bail to the applicant. Accordingly, the anticipatory bail application filed
under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 is dismissed.
(BINOD KUMAR DWIVEDI)
JUDGE
RJ
