BRIJESH KUMAR TIWARI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Heard with the aid of case diary. This is first application under Section 438 of Cr.P.C. for grant of anticipatory bail. Applicant Brijesh Kumar Tiwari apprehends his arrest in connection with Crime No.7/2020 registered at Police Station Deori, District Sagar (M.P.) for the offences punishable under Sections 420 , 467 , 468 , 471 , 34 of IPC.

(2.) As per the prosecution case, on 06.01.2020, Ramcharan Thakur, Incharge Secretary, Krishi Upaj Mandi Samiti, Deori, District Sagar lodged a written complaint at police station Deori against, applicant Brijesh Tiwari Assistant Sub-Inspector and co-accused Santosh Dubey, Secretary, Irfan Khan, Assistant Sub Inspector, Kailash Dubey, Assistant Sub Inspector, Ashok Kumar Thakur, Assistant Sub Inspector, Anand Mehar, Assistant Sub Inspector, Jayant Pandey, Assistant Grade I, Abhilash Soni, Assistant Grade III, Hari Krishna, Permanent Employee and Ajay Rajak Computer Operator, regarding illegality and irregularity committed by them in the purchase of onion from farmers under Chief Minister Onion Farmer Incentive Scheme. On that, police registered Crime No.7/2020 for the offences punishable under Sections 420 , 467 , 468 , 471 , 34 of IPC, applicant apprehends his arrest in that crime.

(3.) Learned counsel for the applicant submits that the applicant is innocent and has falsely been implicated in the offence. At the time of incident, applicant was posted at Mandi Deori as Assistant Sub Inspector and work assigned to the applicant was only to enter the quantity of onion in record which was purchased by other co-accused persons. He further submitted that the wrong report has been given by the inquiry committee without giving the applicant an opportunity of being heard and giving him an opportunity to present the documents in his defence. The complainant Ram Charan Thakur wrongly lodged a First Information Report against the applicant on the basis of the same report. The applicant is ready to cooperate in the investigation and trial. In the event of arrest, his reputation will be ruined. Under these circumstances, applicant prays for anticipatory bail.