Vishal Balu vs The State Of Madhya Pradesh
2021 Latest Caselaw 8803 MP

THE HIGH COURT OF MADHYA PRADESH MCRC No. 61144/2021 (VISHAL BALU Vs THE STATE OF MADHYA PRADESH)

Gwalior, Dated : 14/12/2021

Shri J.S. Kushwah, Counsel for applicant.

Shri A.P.S. Tomar, Counsel for State.

Case diary is available.

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

filed for grant of bail. The first application was dismissed as

withdrawn by order dated 23.10.2021 passed in M.Cr.C.

No.51013/2021 with liberty to revive the prayer after undergoing

some reasonable period of detention.

The applicant has been arrested on 27/09/2021 in connection

with Crime No.692/2021 registered at Police Station Kotwali, District

Ashok Nagar for offence under Section 34(2) of M.P. Excise Act.

It is submitted by Counsel for the applicant that in view of the

criminal antecedents, the first bail application of applicant was

withdrawn with liberty to revive the prayer after undergoing some

reasonable period of detention. According to the prosecution case, 62

bulk liters of country made illicit liquor has been seized from the

possession of the applicant. The applicant is in jail for last more than

two months. In view of the criminal antecedents of applicant,

according to which, three criminal cases were registered under the

Public Gambling Act and three cases were registered under Sections

452, 323, 294, 506, and 34 of IPC, he is ready and willing to abide by

any stringent condition which may be imposed by the Court. The trial

THE HIGH COURT OF MADHYA PRADESH MCRC No. 61144/2021 (VISHAL BALU Vs THE STATE OF MADHYA PRADESH)

is likely to take sufficiently long time and there is no possibility of his

absconding or tampering with prosecution case.

Per contra, the application is vehemently opposed by Counsel

for the State.

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 be released on bail on furnishing a personal

bond in the sum of Rs.1,00,000/- (Rupees 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.

It is further directed that the applicant shall appear before the

S.H.O. Police Station Kotwali, District Ashok Nagar on 1st of

every month during the pendency of the Trial. In case of bail jump or

non-appearance of the applicant before the police station as directed

by this Court, this order shall lose its effect.

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 rules.

(G.S. Ahluwalia) Judge Aman

AMAN TIWARI 2021.12.14 14:59:41 +05'30'