JUDGMENT

Subodh Abhyankar, J. - T his is applicant's first application under Section 438 of Criminal Procedure Code, 1973 for grant of anticipatory bail, as he is apprehending his arrest in connection with Crime No.725/2022 registered at Police Station Thandla District Jhabua (MP) for offence punishable under Section 457/380 of the Indian Penal Code, 1860.

2. Allegations against the applicant is that he purchased 10 sacks of Soyabean which were stolen by the co-accused persons.

3. Counsel for the applicant has submitted that the applicant is a businessman and is a license holder, which is also placed on record and is valid till 26/02/2026. It is also submitted that the applicant has purchased the Soyabean from the co-accused persons in the regular course of business and was not aware that it was the stolen property. Thus, it is submitted that the custodial interrogation of the applicant is not required hence, the application be allowed and he be released on anticipatory bail.

4. Counsel for the respondent / State, on the other hand, has opposed the prayer and it is submitted that no case for grant of anticipatory bail is made out, however, when a query was made by this Court if the sacks were having any indication that it cannot be sold in an open market, counsel has submitted that no such material is available on record to suggest that the sacks could not be sold in an open market.

5. On due consideration of the rival submissions and perusal of the case diary as also the documents filed on record and taking note of the fact that the applicant is a license holder and there are no criminal antecedents against the applicant, this Court is of the considered opinion that the custodial interrogation of the applicant does not appear necessary. In view of the same, applicant has made out a case for grant of anticipatory bail.

6. Accordingly, this application is allowed. It is directed that in the event of arrest, applicant shall be released on bail, upon his executing a personal bond in the sum of Rs.25,000/- (rupees twenty five thousand only) and furnishing one solvent surety in the like amount to the satisfaction of the Arresting Officer (Investigating Officer).

7. The applicant shall make himself available for interrogation by a Police Officer, as and when required. He shall further abide by the other conditions enumerated in Sub Section (2) of Section 438 of the Code of Criminal Procedure, 1973.

Certified copy as per rules.