Dinesh Sahu vs The State Of Madhya Pradesh

                                    1
              IN THE HIGH COURT OF MADHYA PRADESH
                           AT GWALIOR
                                 BEFORE
              HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
                            ON THE 6th OF JUNE, 2022

                 MISC. CRIMINAL CASE No. 25291 of 2022

           Between:-
           DINESH SAHU S/O KAMAL SINGH SAHU, AGED
           26 YEARS, R/O VILLAGE SALAIYA KARERA,
           TEHSIL KARERA POLICE STATION AMOLA,
           DISTRICT SHIVPURI (MADHYA PRADESH)

                                                                 .....PETITIONER
           (BY SHRI ALOK KUMAR SHARMA - ADVOCATE )

           AND

           STATE OF MADHYA PRADESH, THROUGH
           POLICE STATION DINARA, DISTRICT SHIVPURI
           (MADHYA PRADESH)

                                                                .....RESPONDENT
           (BY SHRI R.S. DHAKAD - PUBLIC PROSECUTOR )

       This application coming on for hearing this day, the court passed the
following:
                                     ORDER

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 01.05.2022 in connection with Crime No.98/2022 registered by Police Station Dinara, District Shivpuri (MP) for offence punishable under Section 34(2) of M.P. Excise Act.

I t is submitted by the counsel for the applicant that according to the prosecution case, 65 litres of country made liquor has been seized from the possession of the applicant. The Trial is likely to take sufficiently long time and 2 there is no possibility of his absconding or tampering with the prosecution case. It is further submitted that the applicant has no criminal history.

P e r contra, the application is opposed by the counsel for the respondent/State. However, after going through the police case diary, it is fairly conceded by the counsel for the State that the applicant has no criminal history.

Considering the facts and circumstances of the case, without commenting on the merits of the case, the application is allowed. It is 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) V. JUDGE vv VALSALA VASUDEVAN 2022.06.06 18:58:52 +05'30'