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THE HIGH COURT OF MADHYA PRADESH
MCRC No.19347/2022
Lalaram Kushwah Vs. The State of M.P.
Gwalior, Dated:27/4/2022
Shri Aditya Singh proxy counsel on behalf of Shri Ashish
Singh Jadon, Counsel for the applicant.
Ms. Kalpana Parmar, Counsel for the State.
Case Diary is available.
This first application under Section 439 of Cr.P.C. has been
filed for grant of bail.
The applicant has been arrested on 7/2/2022 in connection with
Crime No.32/2022 registered by Police Station Maksudangarh, Distt.
Guna for offence punishable under Section 34(2) of M.P. Excise Act.
It is submitted by the counsel for the applicant that according
to the prosecution case, 60 litres of country made liquor has been
seized from the possession of the applicant. The Trial is likely to take
sufficiently long time and there is no possibility of his absconding or
tampering with the prosecution case.
Per contra, the application is opposed by the counsel for the
respondent/State. It is submitted that the applicant has a criminal
history. However, after going through the police case diary, it is fairly conceded by the counsel for the State that only one proceeding under Sections 151, 107, 116 of Cr.P.C. was registered.
Considering the facts and circumstances of the case, without commenting on the merits of the case, the application is allowed. It is 2 THE HIGH COURT OF MADHYA PRADESH MCRC No.19347/2022 Lalaram Kushwah Vs. The State of M.P. directed that the applicant be released on bail on furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac) with one surety in the like amount to the satisfaction of the Trial Court/Committal Court to appear before the Court on the dates given by the concerned Court.
This order shall remain effective till the end of trial but in case of bail jump, it shall become ineffective.
In the light of the judgment passed by the Supreme Court in the case of Aparna Bhat and others Vs. State of M.P. Passed on 18.03.2021 in Criminal Appeal No. 329/2021, the intimation regarding grant of bail be sent to the complainant.
Certified copy as per rules.
(G.S. Ahluwalia) Judge Abhi ABHISHEK CHATURVEDI 2022.04.27 19:41:07 +05'30'