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Judgment
Satyendra Kumar Singh, J
This is first application filed under section 439 of Cr.P.C. for grant of bail to the applicant, as he has been arrested on 20.1.2022 in connection with
Crime No.132/2022 registered at Police Station Lasudia District Indore for commission of offence punishable under Section 420 of IPC, Section 3/7 of
the Essential Commodities Act 1955 and Section 3 of the Fertilizer (Control) Order, 1985.
Prosecution story, in brief, is that applicant being proprietor and Manager of M/s Satpura Bio Fertilizer India Private Limited company illegally stored
Phosco Gypsum Powder and Granules in his go-down bearing No.17, S.R. Compound Lasudia Mori, Dewas Naka District Indore. It is also alleged
against the applicant that irregularities with regard to nutritional values of the products produced by the aforesaid company were also found in the
material stored by him in his go-down bearing No.15, S.R. Compound Lasudia Mori, Dewas Naka District Indore. Several contradictions regarding
marketing, manufacturing and import on the products manufactured by the firm were also found.
Learned counsel for the applicant submits that nothing was stored by him in go-down bearing No.17, S.R. Compound Lasudia Mori, Dewas Naka
District Indore. He further submits that irregularities with regard to nutritional values of the products produced by the aforesaid company and the
samples have been collected, but report has not been received yet. Allegations with regard to contradictions of marketing, manufacturing and import of
the products manufactured by the firm, the same is still under investigation. Custodial interrogation of the applicant is no more required in the matter as
he is in custody since 20.1.2022. Investigation and trial will still take time for its conclusion. Hence, prayer is made to enlarge the applicant on bail.
Learned counsel for respondent/State has opposed the application.
Having considered the rival submissions, material produced on record, nature of allegation made against the applicant and also considering the fact that
laboratory report with regard to nutritional values of the products produced by the aforesaid company has not been received, this Court is of the view
that the applicant deserves to be enlarged on bail, hence, without commenting anything on the merits of the case, the application is allowed.
It is directed that the applicant is directed to be released on bail upon his furnishing personal bond in the sum of Rs.1,00,000/- (Rupees One Lakh
Only) with a solvent surety in the like amount to the satisfaction of the concerned Court for his appearance before the trial Court on all such dates as
may be fixed in this behalf by the trial Court during the pendency of trial. It is further directed that applicant shall comply with the provisions of Section
437 (3) of Cr. P. C.
In view of the outbreak of 'Corona Virus disease (COVID-19)' the concerned Jail Authority is directed to follow the directions/guidelines issued by
the Government with regard to COVID-19 before releasing the applicant.
This M.Cr.C. stands allowed and disposed of.
C. C. as per rules.