Madhya Pradesh High Court
Deshraj Kanjar vs The State Of Madhya Pradesh on 28 October, 2021
Author: Gurpal Singh Ahluwalia
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THE HIGH COURT OF MADHYA PRADESH
MCRC-50147-2021
Deshraj Kanjar Vs. State of MP
Gwalior, Dated: 28-10-2021
Shri Gagan Sharma, Counsel for the applicant.
Shri B.M. Shrivastava, Counsel for the State.
Case Diary of Crime No. 233/2021 is available.
The applicant has filed I.A. No.30633/2021 for correction in
crime number.
In the bail application, crime number has been mentioned as
'223/21' as well as in the impugned rejection order also, crime
number has been mentioned as '223/21'. It is further submitted by
Shri Shrivastava that he has received case diary of Crime No.233/21
and correct crime number is '233/21'.
Accordingly, I.A. No. 30633/2021 is allowed. Necessary
amendment is carried out by the counsel for the applicant with the
permission of the Court in the Court itself.
This first application under Section 439 of Cr.P.C. has been
filed for grant of bail.
The applicant has been arrested on 18.09.2021 in connection
with Crime No.233/21 registered at Police Station Kumbhraj Distt.
Guna for offence under Section 34(2) of M.P. Excise Act.
It is submitted by the counsel for the applicant that the
applicant is in jail for the last more than one month. According to the
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THE HIGH COURT OF MADHYA PRADESH
MCRC-50147-2021
Deshraj Kanjar Vs. State of MP
prosecution case, 57 litres of country made liquor has been seized
from the possession of the applicant. The applicant has been falsely
implicated. The Trial is likely to take sufficiently long time and there
is no possibility of his absconding or tampering with the prosecution
case.
Per contra, the application is vehemently opposed by the
counsel for the respondent/State. It is submitted that the applicant has
a criminal history and two more criminal cases under Sections 294,
323, 506, 34, 325 of IPC and under Sections 294, 323, 452, 506 of
IPC have been registered. It is fairly conceded that no offence under
NDPS Act or M.P. Excise Act was ever registered against 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
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.
It is further directed that the applicant shall appear before the
S.H.O. Police Station Kumbhraj Distt. Guna on 1st of every
THE HIGH COURT OF MADHYA PRADESH
MCRC-50147-2021
Deshraj Kanjar Vs. State of MP
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 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
Abhi
ABHISHEK
CHATURVEDI
2021.10.28
17:40:47
+05'30'
