Farukh Khan vs The State Of Madhya Pradesh
2021 Latest Caselaw 6465 MP

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          THE HIGH COURT OF MADHYA PRADESH
                     MCRC-46226/2021
                Farukh Khan Vs. State of M.P.

Gwalior, Dated : 05/10/2021

      Shri R.K. Tripathi, counsel for the applicant.

      Shri C.P. Singh, counsel for the respondent/State.

Case diary is available.

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

grant of bail.

The applicant has been arrested on 16.08.2021 in connection

with Crime No.730/2021 registered by Police Station Morar, District

Gwalior, for offence punishable under Sections 49-A of Excise Act

and Section 27 of Arms Act.

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

the prosecution case, 30 liters of country made liquor which is alleged

to be harmful for human consumption has been seized from the joint

possession of applicant and co-accused. It is further submitted that the

alleged recovery of two cartridges of 315 bore is false. It is further

submitted that although the applicant is in jail since 16.08.2021 i.e.

from more than one and a half months, but the FSL report has not been

received. The trial 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 opposed by the counsel for the

respondent/State. It is submitted that the applicant has criminal history

and one offence under section 323, 294, 506 of IPC and another

offence under Sections 452, 323, 294 of IPC read with Section 3 (1)

THE HIGH COURT OF MADHYA PRADESH MCRC-46226/2021 Farukh Khan Vs. State of M.P.

(r) (s) of SC/ST Act have also registered against him.

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 be released on bail on furnishing a personal

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

case of bail jump, it shall become ineffective.

It is further clarified that after receipt of FSL report, if it is

found that the liquor seized from the possession of the applicant was

unfit for human consumption, then this order shall automatically lose

its effect and the applicant shall be under obligation to immediately

surrender before the Trial Court.

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 Aman AMAN TIWARI 2021.10.05 17:05:33 +05'30'