Madhya Pradesh High Court
Ajay Rajak @ Ajju vs The State Of Madhya Pradesh on 5 April, 2022
Author: Gurpal Singh Ahluwalia
1
THE HIGH COURT OF MADHYA PRADESH
MCRC No.17126/2022
Ajay Rajak @ Ajju vs. State of M.P.
Gwalior, Dated : 05/04/2022
Shri Ravi Dwivedi, Counsel for the applicant.
Shri C.P. Singh, Counsel for the respondent/State.
Case diary is available.
This third application under Section 439 of Cr.P.C. has been filed
for grant of bail. The second application was dismissed as withdrawn by
order dated 3.3.2022 passed in M.Cr.C.No.10491/2022.
The applicant has been arrested on 19.12.2021 in connection with
Crime No.182/2021 registered at Police Station Panihar, District Gwalior
for offence under Sections 34(2), 49(A) of M.P. Excise Act.
It is submitted by Shri Ravi Dwivedi that according to the
prosecution case, 1746 bulk litres of country made liquor has been seized
from the possession of the applicant and the co-accused. It is also alleged
that a huge quantity of raw material for manufacturing illegal liquor,
machinery is also seized. However, it is submitted that the applicant is in
jail for the last more than three months. The FSL report has not been
received, therefore, it is not known as to whether the liquor seized from
the possession of the applicant is unfit for human consumption or not.
The applicant has no criminal history. 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 State. However, after going through the case diary, it is fairly
conceded that neither the FSL report has been received nor the case diary
contains any criminal antecedents of the applicant.
THE HIGH COURT OF MADHYA PRADESH
MCRC No.17126/2022
Ajay Rajak @ Ajju vs. State of M.P.
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 Only) 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 made clear that after the FSL report is received, if it is found
that the liquor seized from the possession of the applicant is unfit for
human consumption, then this order shall lose its effect and the applicant
shall be under obligation to immediately surrender before the Trial Court.
Otherwise, this order shall remain in force, till the conclusion of Trial.
It is further directed that the applicant shall appear before the
S.H.O. Police Station Panihar, District Gwalior on 1st of every
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
(alok)
ALOK KUMAR
2022.04.05 15:12:26 +05'30'
