Rakesh Kushwaha vs The State Of Madhya Pradesh
2022 Latest Caselaw 6286 MP

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           THE HIGH COURT OF MADHYA PRADESH
                    MCRC No.18962/2022
             Rakesh Kushwah Vs. The State of M.P.

Gwalior, Dated:27/4/2022

       Shri D.S. Rajawat, Counsel for the applicant.

       Ms. Kalpana Parmar, 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 4/4/2022 in connection with

Crime No.83/2022 registered by Police Station Dabra Dehat, Distt.

Gwalior for offence punishable under Section 34(2) of M.P. Excise

Act.

       It is submitted by the counsel for the applicant that according

to the prosecution case, 68 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. It is further submitted that the

applicant has no criminal history.

       Per contra, the application is opposed by the counsel for the

respondent/State. However, after going through the police case diary,

it is fairly conceded by the counsel for the State that there is nothing

in the diary to indicate the criminal antecedents of the applicant.

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.18962/2022 Rakesh Kushwah Vs. The 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) Judge Abhi ABHISHEK CHATURVEDI 2022.04.27 19:40:54 +05'30'