HC rejects applicant’s bail application

Source: The Hitavada      Date: 03 Dec 2017 12:11:56

Legal Correspondent,

A SINGLE bench of Madhya Pradesh High Court comprising Justice Rajeev Kumar Dubey has dismissed anticipatory bail application filed by Rajeev Kumar Rathod challenging arrest in connection with a crime registered at Jatara Police Station, Tikamgarh district (MP) for offences punishable under Sections 188, 409, 420, 467, 468 and 471 of the IPC and Section 3/7 of the Essential Commodities Act.

Single bench said ‘Looking to facts and circumstances of the case and allegations levelled against the applicant, this court is not inclined to give anticipatory bail to applicant. Hence, the bail application is dismissed.’ As per prosecution story, on January 17, 2017, in two loading trucks (MP-15-G-1528) and (CIQ 8305), a total of 340 bags of wheat were loaded from godowns of MP State Civil Supplies Corporation Limited at Tikamgarh. Wheat was to be unloaded in godowns of Nari Shakti Bachat Evam Sakh Samiti at Tikamgarh, which is a registered society wherefrom essential commodities supplied Madhya Pradesh High Court by the State Government are sold to coupon holders, but the same was found being unloaded at night of January 17, 2017, in Paras Warehouse at Jatara. Co-accused Vinod Kumar Jain, Bittu Priyank Jain, Santosh Kumar Jain and Suka Yadav have misappropriated that 340 wheat bags of Nari Shakti Bachat Evam Sakh Samiti, Tikamgarh.

The applicant made forged bill of that wheat to facilitate Vinod and other co-accused in committing the crime. Counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the case. All six trucks bearing the said commodities were duly delivered to the concerned society Nari Shakti Bachat Evam Sakh Samiti Tikamgarh, which were received by the said society on January 17, 2017. Only non-fulfillment of illegal demand of concerning Food Officer, this false case was fabricated against the present applicant and another co-accused person. The applicant is fraudulently implicated in the alleged offence by the Food Officer alleging him to be associate of Vinod Jain. As such no offence is alleged against him nor there is any averment as to how applicant is associated to the said Vinod Jain. Applicant has no connection with the alleged High Court of Madhya Pradesh offence at all. Other co-accused have already been released on bail so, the applicant be released on anticipatory bail.

Counsel for the State has opposed prayer and submitted that other co-accused except applicant Santosh Jain, were granted bail under Section 439 of the CrPC and there is sufficient evidence on record to implicate the applicant in the said crime. The applicant by preparing forged bill, facilitated Vinod Jain to commit the said crime. Thus, applicant in connivance with other co-accused misappropriated 340 bags of wheat of Nari Shakti Bachat Evam Sakh Samiti Tikamgarh. So, he should not be released on anticipatory bail.