Rakesh vs The State Of Madhya Pradesh
2021 Latest Caselaw 6812 MP

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          THE HIGH COURT OF MADHYA PRADESH
                   MCRC No.51806/2021
            (RAKESH & ANR. VS. STATE OF M.P.)

Gwalior, Dated : 25/10/2021

       Shri Rajesh Pathak, learned counsel for the applicants.

       Shri C.P.Singh, learned counsel for the State.

       Case diary is available.

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

filed for grant of bail.

       The applicants have been arrested on 01/10/2021 in connection

with Crime No.167/2021 registered at Police Station Mragwas,

District Guna for offence under Section 34(2) of Excise Act.

       It is submitted by the counsel for the applicants that according

to the prosecution case, 69 bulk liters of country made liquor has

been seized from each of the applicant. The applicants are in jail from

01/10/2021

. It is further submitted that the applicants have no

criminal history. The Trial is likely to take sufficiently long time and

there is no possibility of their absconding or tampering with the

prosecution case.

Per contra, the application is vehemently opposed by the

counsel for the State. However, after going through the police case

diary, it is fairly conceded by the counsel for the State that the

applicants have no criminal history.

Considering the facts and circumstances of the case as well as

period of detention, without commenting on the merits of the case,

THE HIGH COURT OF MADHYA PRADESH MCRC No.51806/2021 (RAKESH & ANR. VS. STATE OF M.P.)

the application is allowed. It is directed that the applicants be

released on bail on furnishing a personal bond in the sum of

Rs.1,00,000/- (Rupees One Lac) each with one surety each 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.

With aforesaid observations, this application is Allowed.

                                                                     (G.S. Ahluwalia)
Pj'S/-                                                                     Judge

         Digitally signed by
         PRINCEE BARAIYA
         Date: 2021.10.25
         17:29:55 -07'00'