Ramlal vs State Of M.P

Virender Singh, J

As declared by the petitioner, this is the first application for seeking bail under section 439 Cr.P.C.

The prosecution case, in brief, is that one farmer Laxman Ramaji Sirvi made a complaint against M/s Narmada Valley Kisan Producer Company Limited, Kukshi, District - Dhar that the officials of the company instigated him to grow Aloe Vera and Drum Stick. They imparted technical training and also sold him seeds/plants worth Rs.2 lakhs with a buy back agreement promising that entire produce of his crops shall be purchased by the company. They got two agreements executed with him. One directly with M/s Narmada Valley Kisan Producer Company Limited, Kukshi and other with M/s Diksha Herbal Biotech Private Limited, Siddhpur, Gujarat to buy back produce of Drum sticks and Aloe Vera respectively. They assured him a good profit. Relying on the promise of the company, the complainant sowed the seeds/plants provided by the company in his 5-7 acres agricultural land, but when his crops ripened, they refused to buy back on the one pretext or the other. Thus, feeling cheated himself, Laxman made complaint before the several authorities including the police. The police have registered the present case.

As per the agreement seized during the investigation, the petitioner—Ramlal was authorized by M/s Diksha Herbal Biotech Pvt. Ltd. for marketing of its product i.e. Drum Stick and Aloe Vera seeds with the farmer and all the responsibility of agreement shall be of M/s Diksha Herbal Biotech Pvt.

Ltd. The petitioner was one of the witness in the agreement executed on behalf of M/s Diksha Herbal Biotech Pvt. Ltd. The petitioner has been arrested by the police and is in jail since 04/10/2020.

It is argued by the learned counsel for the petitioner that M/s Narmada Valley Kisan Producer Company Limited is an organization/registered company of 1600 farmers and is recognized by the government. The aim and object of the company are to inform, train and assist the farmers about the latest development in the technique, tools, and seeds to yield better crops from their fields and to grow themselves financially to lead a better life.

All the 1600 farmers including the petitioners are shareholders of the company. They are being benefited by the scheme and assistance of the company. The activities of the company have been recognized by the Government and several other organizations and an organization Laghu Kishan Sangh has awarded the prize of Rs.7,50,000/-. Out of 1600 farmers only one farmer i.e. the complainant Laxman Ramaji Sirvi has made a complaint against the company. No other farmer has any type of complaint against the company. The volume of the total amount which is the subject matter of the crime is only Rs.2,00,000/- (two lakhs).

It is further submitted that the complainant had purchased seeds from the company and had not paid its cost fully and still he owes Rs.45,995/- towards the company on this account and this is clear from the audit report of the company. Annoyed by the demand of dues, the complainant has made a false complaint.

The complainant never made any complaint before the company. He never informed the company about the quality or quantity of the crop he received by using the seeds of the company.

It is further submitted that the co-accused persons Arjun Singh, Bhagwan, Mohit and Kamlesh Rajat have been granted bail by this Court vide order dated 11.11.2020 passed in M.Cr.C Nos.45730/2020, 43440/2020 and 39536/2020 and the petitioner has complete parity with them.

It is further submitted that one unsigned and undated alleged authority letter on the letterhead of M/s Diksha Herbal Biotech Nursery (a proprietorship firm of the petitioner Arjun Singh) purported to be executed by the co-accused Arjun Singh in favour of co-accused Rahul Thakur authorizing him on behalf of M/s Diksha Herbal Biotech Pvt. Ltd is a fabricated document. His company has never authorized Mr. Thakur to execute any agreement much less the buyback agreement as alleged in the present case. His company is still ready to perform its obligation in pursuance of the agreement dated 17/7/2018 executed with M/s Narmada Valley Kisan Producer Company Limited. Neither the petitioner nor his company has ever denied to purchase the agreed agricultural produce from M/s Narmada Valley Kisan Producer Company Limited, therefore, impleading the petitioner in the present case is an abuse of authority of law and is a malafide attempt to pressurize him to purchase low quality agricultural produce of the members of M/s Narmada Valley Kisan Producer Company Limited, which his company had never agreed to buy either from the farmer or from the M/s Narmada Valley Kisan Producer Company Limited.

Learned counsel for the petitioner submitted that the petitioner is in custody since 04.10.2020. His custodial interrogation is not required. Nothing has to be recovered from him. The dispute between the parties is of civil nature and has been given colour of crime to pressurize them. All the allegations are false and frivolous but the police have arrested him. The investigation is over. The trial is likely to take time. The petitioner are permanent residents of District Dhar. There is no possibility of his absconding. He is ready to comply with the conditions to be imposed by the Court.

Prosecution has opposed the prayer but has not controverted the fact of parity with co-accused persons.

Heard learned counsel for the parties at length and have gone through the record

Having regard to the nature of the dispute, allegations made against the petitioner, nature, gravity, and magnitude of the offence, the period of custody, contention raised by the petitioner, the evidence collected during the investigation regarding the alleged agreement with the complainant and several other facts and circumstances of the case, I find it a fit case to enlarge the petitioner on bail, therefore, without commenting on the merits, present petition stands allowed.

It is directed that the petitioner Ramlal S/o Babu Singh be released from custody on his furnishing a personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand) with one solvent surety of the like amount to the satisfaction of the Trial Court for his appearance before the Trial Court as and when required further subject to the following conditions:

(i) The petitioner shall co-operate with the trial and shall not seek unnecessary adjournments on frivolous grounds to protract the trial;

(ii) The petitioner shall not directly or indirectly allure or make any inducement, threat or promise to the prosecution witnesses, so as to dissuade them from disclosing truth before the Court;

(iii) The petitioner shall not commit any offence or involve in any criminal activity;

(iv) In case of his involvement in any other criminal activity or breach of any other aforesaid conditions, the bail granted in this case may also be cancelled.