Rajkumar Rai vs The State Of Madhya Pradesh
2021 Latest Caselaw 1379 MP

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         THE HIGH COURT OF MADHYA PRADESH
                   MCRC-17148-2021
               Rajkumar Rai Vs. State of MP

Gwalior, Dated : 07.04.2021

      Shri Nitin Agrawal, Counsel for the applicant.

      Smt. Uma Kushwah, Counsel for the State.

      Case diary is available.

      This second repeat application under Section 439 of Cr.P.C. has

been filed for grant of bail. First application of the applicant was

rejected by order dated 10/02/2021 passed in M.Cr.C. No.6931/2021.

      The applicant has been arrested on 27/01/2021 in connection

with Crime No.446/2020, registered at Police Station Excise, District

Datia for offence under Sections 34(2) and 42 of M.P. Excise Act.

      It is submitted by the counsel for the applicant that according to

the prosecution case, on 27/12/2020, 12 cartons of liquor were seized

from the Centro Car, which is owned by the applicant and each carton

was having 50 quarters of liquor. The applicant is in jail from

27/01/2021

i.e. two and half months. The trial is likely to take

sufficiently long time. There is no possibility of his absconding or

tampering with the prosecution case. This Court has granted bail to

the co-accused Akash Rai by order dated 26/03/2021 passed in

M.Cr.C. No.14783/2021.

Per contra, the application is opposed by the counsel for the

State. However, after going through the police case diary, it is

submitted that the applicant has no criminal history.

THE HIGH COURT OF MADHYA PRADESH MCRC-17148-2021 Rajkumar Rai Vs. State of MP

Heard the learned counsel for the parties.

Considering the facts and circumstances of the case and

without commenting on the merits of the case, the application is

allowed. It is directed that the applicant shall be released on bail on

furnishing a personal bond in the sum of Rs.1,00,000/- (Rs. One Lac

Only) 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 the 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 & Ors. vs. State of M.P. passed on 18/3/2021

in Criminal Appeal No.329/2021, the intimation regarding grant of

bail be sent to the complainant.

Certified copy as per rule.

(G.S. Ahluwalia) Judge

Abhi ABHISHEK CHATURVEDI 2021.04.07 16:38:56 +05'30'