Roshan Yadav vs The State Of Madhya Pradesh
2022 Latest Caselaw 5952 MP

                           1
          THE HIGH COURT OF MADHYA PRADESH
                   MCRC No.19970/2022
            (ROSHAN YADAV VS. STATE OF M.P.)

Gwalior, Dated : 22/04/2022

       Shri Pawan Vijaywargiya, learned counsel for the applicant.

       Smt. Anjali Gyanani, learned counsel for the State.

       Case diary is available.

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

filed for grant of bail.

       The applicant has been arrested on 03/04/2022 in connection

with Crime No.16/2022 registered at Police Station Sesaipura,

District Sheopur for offence under Sections 34(1) and (2) of M.P.

Excise Act.

       It is submitted by the counsel for the applicant that according

to the prosecution case, 54 litres of country made liquor has been

seized from the possession of the applicant. 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 opposed by the counsel for the

respondent/State. It is submitted that the applicant has a criminal

history and one offence under Sections 294, 355, 190 and 506-B of

IPC has been registered, but fairly conceded that no offence under

NDPS Act or M.P. Excise Act was ever registered against him.

Considering the facts and circumstances of the case, without

commenting on the merits of the case, the application is allowed. It is

THE HIGH COURT OF MADHYA PRADESH MCRC No.19970/2022 (ROSHAN YADAV VS. STATE OF M.P.)

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)
Pj'S/-                                                                       Judge

         Digitally signed by
         PRINCEE BARAIYA
         Date: 2022.04.22
         15:28:05 -07'00'