Lakhan Saheriya vs The State Of Madhya Pradesh
2021 Latest Caselaw 2969 MP

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                      THE HIGH COURT OF MADHYA PRADESH
                           M.Cr.C. No.31220/2021
                          (Lakhan Saheriya vs. State of M.P.)

Gwalior, Dated :05.07.2021

      Heard through videoconferencing.

      Shri S.S. Rajput, counsel for the applicant.

      Shri B.P.S. Chauhan, Public Prosecutor for the respondent/State.

Case diary is available.

The applicant has filed this first application u/S 439 Cr.P.C. for

grant of bail. The applicant has been arrested by Police Station Aron,

District Guna in connection with Crime No.366/2021 registered in

relation to the offence punishable under Section 34(2) of Excise Act.

It is submitted that the applicant has been falsely implicated in the

case. He has not committed the offence in any manner. According to the

prosecution story, 60 bulk liters of raw country made liquor has been

seized from the possession of the present applicant. He is in custody

since 03.06.2021. On these grounds, he prays for grant of bail.

Per contra, counsel for the State has opposed the application stating

that the applicant is having a criminal history of two cases registered in the

year 2016 and 2018. In the case registered in the year 2016 he has already

been acquitted vide judgment dated 17.02.2017 and the other case is

pending and is for minor offence.

Heard the learned counsel for the parties and perused the case diary.

Considering the facts and circumstances of the case, but without

commenting upon the merits of the case, this Court deems it appropriate to

allow this application. Accordingly, the application is allowed. The

applicant is directed to be released on bail on furnishing a personal bond in

the sum of Rs.50,000/-(Rs. Fifty Thousand Only) with one solvent surety

THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.31220/2021 (Lakhan Saheriya vs. State of M.P.)

of the like amount to the satisfaction of the Investigation Officer /trial Court,

as the case may be with submission of written undertaking and he will abide

by all terms and conditions of the different circulars, orders as well as

guidelines issued by the Central Government, State Government as well as

Local Administration for maintaining social distancing, hygiene etc to avoid

Novel Corona Virus (COVID -19) pandemic and he will have to install

Arogya Setu App, if not already installed.

This order will remain operative subject to compliance of the

following conditions by the applicant :-

1. The applicant will comply with all the terms and conditions of the

bond executed by him;

2. The applicant will cooperate in the investigation/trial, as the case may

be;

3. The applicant will not indulge himself in extending inducement,

threat or promise to any person acquainted with the facts of the case so as to

dissuade him from disclosing such facts to the Court or to the Police Officer,

as the case may be;

4. The applicant shall not commit an offence similar to the offence of

which he is accused;

5. The applicant will not seek unnecessary adjournments during the

trial; and

6. The applicant will not leave India without previous permission of the

trial Court/Investigating Officer, as the case may be.

7. The applicant will inform the concerned S.H.O. of concerned Police

Station about his residential address in the said area and it would be the duty

THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.31220/2021 (Lakhan Saheriya vs. State of M.P.)

of the State counsel to send E-copy of this order to SHO of concerned

police station as well as Superintendent of Police concerned who shall

inform the concerned SHO regarding the same.

8. In case of involvement of the applicant in any other offence, the

bail granted by this Court shall stand rejected automatically.

Application stands allowed and disposed of.

In view of the COVID-19, jail authorities are directed that before

releasing the applicant, medical examination of applicant shall be

undertaken by the jail doctor and on prima facie, if it is found that he is

having the symptoms of COVID-19, then consequential follow up action

including the isolation/quarantine or any test if required, be ensured,

otherwise applicant shall be released immediately on bail and shall be given

a pass or permit for movement to reach his place of residence.

E- copy of this order be provided to the applicant and E-copy of this

order be sent to the trial Court concerned for compliance. It is made clear

that E-copy of this order shall be treated as certified copy for practical

purposes in respect of this order.

(VISHAL MISHRA) JUDGE van SMT VANDANA VERMA 2021.07.05 16:21:52

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