Veeru Sharma vs State Of Madhya Pradesh

Sanjeev S Kalgaonkar, J

This first bail application has been filed by applicant under Section 439 of the Code of Criminal Procedure, 1973 for grant of bail in connection with Crime No. 384 of 2022 registered at Police Station Bhander, District Datia (M.P.) for offence punishable under Sections 420, 467, 468 and 471 of IPC.

The applicant is in judicial custody since 30-08-2023.

As per the case of prosecution, a truck load of wheat was stolen and misappropriated from Sanghvi Foods Private Limited and report of Ravi Mandal, Quality Officer of Sanghvi Foods Private Limited, Police Station Bhander, District Datia (M.P.) registered FIR in Crime No. 384/2022 for offence punishable under Section 420 of the IPC. After investigation, it was found that truck load of wheat was taken from Rawat Ware House on forged registration number and bilty, therefore, offence under Sections 467, 468 and 471 of the IPC were also added. Co-accused Mithun Pal was arrested on 22-06-2023. As per his statement recorded under Section 27 of the Evidence Act, co-accused Vikram @ Vipin Sharma contacted him for sale of truck load of wheat on commission of Rs.10,000/-. He sold the wheat at Kaila Devi Private Limited, Malanpur and returned the truck and amount of sale to co-accused Vikram. On the basis of memorandum of co-accused, applicant was arrested on 30-08-2023. Charge sheet has been filed on 15-09-2023.

Learned Counsel for the applicant, in addition to the grounds mentioned in the application, submits that applicant is falsely implicated in the matter. Applicant was not aware about the theft of wheat. No case with regard to forgery and misappropriation of documents is made out against the applicant. Allegations against the applicant is with regard to sell of wheat which was misappropriated from Sanghvi Foods Private Limited.The alleged offence against the applicant is punishable for less than 7 years. No criminal antecedent is reported against the applicant. Applicant has family to look after. There is no likelihood of interfering with the investigation or tampering with the evidence. Jail incarceration is causing hardship to the applicant. Learned Counsel for the applicant further submits that co-accused Mithun Pal and Vikram alias Vipin Sharma have been given benefit of bail by this Court vide orders dated 5th of October, 2023 and 10th of October, 2023 passed in MCRC Nos. 44152 of 2023 and 45335 of 2023 and the case of applicant is identical to that of co- accused Mithun Pal and Vikram alias Vipin Sharma. Therefore, on the ground of parity, applicant may be extended the benefit of bail.

Per contra, learned Counsel for the State opposes the bail application on the ground of gravity of alleged offence and prays for its rejection.

Heard learned counsel for the parties and perused the case diary. Considering the arguments advanced by both the parties and overall circumstances of the case as well as on the ground of parity, but without commenting on merits of the case, this Court is inclined to release the applicant on bail. Thus, the application is allowed.

Accordingly, it is directed that applicant VEERU SHARMA shall be released on bail in connection with Crime No. 384 of 2022 registered at Police Station Bhander, District Datia (M.P.) for offence punishable under Sections 420, 467, 468 and 471 of the IPC, upon furnishing a personal bond in the sum o f Rs. 50,000/- (Rupees Fifty Thousand Only) with one solvent surety of the same amount to the satisfaction of the Trial Court, for compliance with the following conditions, :

The applicant shall remain present on every date of hearing as may be directed by the concerned Court;

The applicant shall not commit or get involved in any offence of similar nature;

The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them/him/her from disclosing such facts to the Court or to the investigating officer;

The applicant shall not directly or indirectly attempt to tamper with the evidence or allure, pressurize or threaten the witness;

The applicant shall ensure due compliance of provisions of Section 309 of Cr.P.C regarding examination of witness in attendance;

This order shall be effective till the end of trial. However, in case of breach of any of the pre-condition of bail, it shall become ineffective without reference to the Court.

CC as per rules.