Citation : 2021 Latest Caselaw 7787 MP
Judgement Date : 24 November, 2021
1
THE HIGH COURT OF MADHYA PRADESH
MCRC-56029-2021
Rahul Dhakad Vs. State of MP
Gwalior, Dated: 24-11-2021
Shri Arshad Ali, Counsel for the applicant.
Shri C.P. Singh, Counsel for the State.
Case diary is available.
This first application under Section 439 of CrPC has been filed
for grant of bail.
The applicant has been arrested on 18.10.2021 in connection
with Crime No. 154/2021 registered by Police Station Panihar Distt.
Gwalior for offence punishable under Section 34 (2) of M.P. Excise
Act.
It is submitted by the counsel for the applicant that according
to the prosecution case, 63 litres of country made liquor has been
seized from the possession of the applicant. The Trial is likely to take
sufficiently long time and there is no possibility of his absconding or
tampering with the prosecution case. It is further submitted that the
applicant has no criminal history.
Per 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 there is nothing
in the diary to indicate the criminal antecedents of the applicant.
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
THE HIGH COURT OF MADHYA PRADESH MCRC-56029-2021 Rahul Dhakad Vs. State of MP
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) Judge
ar
ABDUR Digitally signed by ABDUR RAHMAN DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474001, st=Madhya Pradesh, 2.5.4.20=d604b5a66b413c436e6af99c6fe547304e1bc26d2b510 cc133f1b56faa63e77b,
RAHMAN pseudonym=352E5BC6169A1C65270B76C8214AD91A9A2E28E B, serialNumber=1B0EA1B496C965067285A628B81AE07B60D342 048B7853E6108263F1DDCC0F50, cn=ABDUR RAHMAN Date: 2021.11.24 14:02:19 -08'00'
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