Alok Singh vs The State Of Madhya Pradesh
2021 Latest Caselaw 3983 MP

THE HIGH COURT OF MADHYA PRADESH M.Cr.C-37967-2021 Alok Singh v. State of M.P.

Through Video Conferencing.

Gwalior, Dated :05.08.2021

Shri Pradhuman Singh Bhadoriya, Counsel for the applicant.

Shri C.P. Singh, Counsel for the State.

Case diary is available.

This is second application filed under Section 439 of Cr.P.C.

for grant of bail. Previous bail application was dismissed on merits

by order dated 05.07.2021 passed in M.Cr.C. No. 31517/2021.

The applicant has been arrested on 06.06.2021 in connection

with Crime No. 153/2021 registered by Police Station Umri Distt.

Bhind for offence punishable under Section 34(2) of M.P. Excise Act.

Although, it is submitted by the Counsel for the applicant that

the first bail application was rejected on merits after considering the

defence of the applicant that some dispute had taken place at toll tax

booth, but it is submitted that the car of the brother of the applicant

is having fast tag. However, it is fairly conceded that the applicant

has not pleaded in the bail application that no four wheeler is

registered in the name of the applicant. Further, there is nothing on

the record to show that the applicant was driving the car of his

brother at the time when he has claimed that dispute had arisen

between him and employees of the toll tax booth. The applicant has a

criminal history. So far as the offence under Section 376 of IPC is

THE HIGH COURT OF MADHYA PRADESH M.Cr.C-37967-2021 Alok Singh v. State of M.P.

concerned, the applicant has relied upon judgment dated 6 th of June,

2015 passed by Special Judge, Scheduled Castes and Scheduled

Tribes (Prevention of Atrocities) Act, Bhind in S.T. No. 28/2015 by

which the applicant was acquitted. However, so far as offence under

Section 307 of IPC, offence under Section 34 of Excise Act and

offence under Section 420, 467 and 468 are concerned, it is fairly

conceded by Counsel for the applicant that the aforesaid trials are

pending. It is submitted that so far as offence under Section 307 of

IPC is concerned, all the witnesses have turned hostile.

Be that whatever it may be.

The applicant is having criminal history. The defence which

has been taken by him has not been found to be acceptable even on

preponderance of probabilities.

Accordingly, no case is made out for bail. The application fails

and is hereby dismissed.

(G.S. Ahluwalia) Judge ar

ABDUR RAHMAN 2021.08.06 15:06:15 +05'30'