Chiknapardi vs The State Of Madhya Pradesh
2022 Latest Caselaw 5749 MP

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            THE HIGH COURT OF MADHYA PRADESH
                      MCRC-19004-2022
                  ChiknaPardi Vs. State of MP

Gwalior, Dated : 20/04/2022

       Shri Prakhar Dhengula, Counsel for the applicant.

       Smt. Anjali Gyanani, Counsel for the State.

       Case Diary is available.

       This first application under Section 439 of CrPC has been filed for

grant of bail.

       The applicant has been arrested on 07.03.2022 in connection with

Crime No.242/2018 registered at Police Station Dharnavada Distt. Guna

for the offence under Section 34(2) of M.P. Excise Act.

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

the prosecution case, 350 quarters of liquor, i.e., 69 liters was seized. The

applicant was alleged to have absconded. It is submitted that it is

incorrect to say that the applicant was absconding and could be arrested

only after 4 years. In fact, the applicant was arrested in different offences

registered in the same Police Station, but the police never arrested him in

the present case. To substantiate his submission, counsel for the applicant

has filed copies of the orders dated 27.10.2021 passed in M.cr.C.

No.52897/2021,      order    dated    13.12.2021     passed    in   M.Cr.C.

No.59337/2021,      order    dated    08.11.2021     passed    in   M.Cr.C.

No.53747/2021 and order dated 02.03.2022 passed in M.Cr.C.

No.1795/2022 to show that he was granted bail in different cases, which

were registered in the Police Station Dharnavada. Thus, it is clear that the

applicant has been falsely implicated. The Trial is likely to take
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                           THE HIGH COURT OF MADHYA PRADESH
                                     MCRC-19004-2022
                                 ChiknaPardi Vs. State of MP

       sufficiently long time and there is no possibility of his absconding or

       tampering with the prosecution case.

                   Counsel for the State could not clarify as to when the applicant

       was already arrested in different offences registered in the same Police

       Station, i.e., Dharnavada District Guna, then why he is not arrested in the

       present case. Thus, it is clear that the claim of the respondent/State that

the applicant was absconding, is false.

Considering the facts and circumstances of the case as well as

considering the period of detention, but 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.

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.

Certified copy as per rules.

(G.S. Ahluwalia) Judge Abhi ABHISHEK CHATURVEDI 2022.04.21 15:47:00 +05'30'