Madhya Pradesh High Court
Raghunath vs The State Of Madhya Pradesh on 6 September, 2021
Author: Anil Verma
The High Court Of Madhya Pradesh
MCRC-41576-2021
(RAGHUNATH Vs THE STATE OF MADHYA PRADESH)
Indore, Dated : 06-09-2021
Heard through Video Conferencing.
Shri Sanjay Kumar Sharma, learned counsel for the applicant.
Shri Vismit Panot PL for the respondent/State.
This is second bail application filed under Section 439 of Cr.P.C.
By the applicant in connection with Crime No.124/21, Police Station-
Badgonda, District Indore for the offence punishable under Section
34(2) of M.P. Excise Act. The applicant is in custody since 01.03.2021.
His first bail application was dismissed on merit vide order dated
29/06/2021 passed in MCRC no. 25815/2021.
According to the prosecution story, after receiving secret
information the police raided the place and recovered 58 bulk liters
country-made liquor without having any valid licence from thepresent
applicant.
Learned counsel for the applicant contended that applicant is
innocent and has been falsely implicated in this offence. There is no
legal evidence available on record to connect the applicant with the
aforementioned offence. Statement of the witnesses have been
examined in this case; no offence is made out against him. He has
been acquitted in several cases. He is in jail since 01/03/2021. Final
conclusion of trial shall take sufficient long time. In view of the
judgment delivered by Hon'ble Supreme Court in the case of
Prabhakar Tewari Vs. State of Up and another reported in
2020(2) JT 72 and Maulana Mohd Amir Rashadi Vs. state of
UP and another reported in 2012 Cr.L.R. (SC) 124, present
applicant deserves for grant of bail. Under these changed
circumstances, learned counsel prays for grant of bail to the applicant.
Per-contra, learned PL for respondent - State opposes the bail
application and prays for its rejection by contending that preent
applicant is habitual offender and there is material evidence available
on record therefore, present applicant does not deserve for grant of
bail.
Perused the impugned order of the trial Court as well as the
case dairy.
Considering all the facts and circumstances of the case,
arguments advanced by both the parties, nature and gravity of the
allegation as also the fact that present applicant has got acquittal in so
many cases;he is in jail since 01/03/2021 and possibility of delay in
conclusion of the trial cannot be ruled out and looking to these
material changed circumstances, I deem it proper to release the
accused / applicant on bail.
Accordingly, without commenting on the merits of the case, the
application is allowed. It is directed that applicant Raghunath be
released on bail on his furnishing personal bond in the sum of
Rs.60,000/- (Rs. Sixty Thousand only) with one solvent surety in
the like amount to the satisfaction of the trial Court for his appearance
before the trial Court, as and when required. He shall abide by all the
conditions enumerated u/S. 437(3) Cr.P.C.,
Before releasing the applicant from the custody, the Jail
Authorities are directed to medically examine him in order to rule out
the possibility of Covid-19 infections and shall comply with the
directions issued by the Hon'ble Apex Court in W.P.No. 01/2020.
Certified copy, as per Rules.
(ANIL VERMA)
Digitally signed by AMOL N
JUDGE
MAHANAG
Date: 2021.09.07 11:22:48
+05'30'
