Short Note 1. Heard with the aid of case diary. 2. This is repeat bail application. The earlier application was dismissed in default. The applicants have filed this repeat application u/s 438, CrPC 1973 for seeking anticipatory bail in Crime No.352/2000 registered at P.S. Tukoganj, Indore for the offence u/s 420 read with section 34, IPC on the report lodged by the Commercial Tax Officer. Circle 9. Indore. 3. So far as applicant No.2 Atul Jain S/o Shantilal Jain is concerned. Shri Sanyal does not want to press this application for applicant No.2 Atul Jain. Accordingly the same is dismissed as not pressed. 4. For the other applicants, the submission of Shri Sanyal is that no offence is made out against the other applicants u/s 420 read with section 34, IPC. All the applicants have already resigned from the company in January, 2000. He further submits that the Commercial Tax officer has already seized the documents. The applicants were granted exemption and, therefore, they are not liable for payment of any sales tax. He further submits that no case u/s 420 is made out but it may be a case for evasion of tax under the provisions of M.P. Commercial Tax Act. He further submits that the applicants are respectable citizens of Indore and they will not run away or jump the bail. 5. In reply, the submission of Shri Desai, learned Dy. A.G. on behalf of the State is that this is a serious matter relating to 1999-2000 in which without establishment of factory and without any storage facility by way of 15 consignments these applicants before their resignation from the company lifted H.S.D. around 2,12,000 ltrs, without payment of tax and have already sold it in the open market, misused the exemption facility thereby cheated the Government. His further submission is that all the applicants obtained 'C' form for purchase of machinery and fraudulently misused the same for obtaining 2,12,000 ltrs. of H.S.D. from Bharat Petroleum Company as raw material and has sold it in the open market, therefore, it is a case of fraud, cheating and black marketing. The matter is at the stage of investigation and if they are enlarged on anticipatory bail, it would hamper the investigation. 6. of H.S.D. from Bharat Petroleum Company as raw material and has sold it in the open market, therefore, it is a case of fraud, cheating and black marketing. The matter is at the stage of investigation and if they are enlarged on anticipatory bail, it would hamper the investigation. 6. After hearing the learned counsel for parties and looking to the material collected in the case diary so far and also looking to the fact that the matter is at the stage of investigation it would not be proper to grant anticipatory bail to the applicants. Even otherwise this is not a fit case for grant of anticipatory bail to the applicants, those who are involved in cheating and black-marketing. Accordingly, this application has no merit and is dismissed.