Narayan Singh @ Gudda Ahirwar vs The State Of Madhya Pradesh
2022 Latest Caselaw 6500 MP

THE HIGH COURT OF MADHYA PRADESH MCRC No.21480/2022 (NARAYAN SINGH @ GUDDA AHIRWAR VS. STATE OF M.P.)

Gwalior, Dated : 29/04/2022

Shri M.S.Yadav, learned counsel for the applicant.

Shri P.P.S.Vajeeta, learned counsel for the State.

Case Diary is available.

This second repeat application under Section 439 of Cr.P.C.

has been filed for grant of bail. First bail application of the

applicant was allowed by order dated 31/03/2021 passed in MCRC

No.13271/2021.

The applicant has been arrested on 19/04/2022 in connection

with Crime No.47/2021 registered by Police Station Karariya,

District Vidisha for offence punishable under Section 49-A of the

Excise Act.

It is submitted by the counsel for the applicant that earlier

the applicant was granted bail by order dated 31/03/2021 passed in

MCRC No.13271/2021 with a stipulation that after receipt of FSL

report, if it is found that the liquor seized from the possession of

the applicant was unfit for human consumption, then the bail order

shall automatically come to an end. It is submitted that the FSL

report was filed on 10/02/2022 and on the said date his application

under Section 317 of Cr.P.C. was filed. However, in the light of the

positive FSL report, the trial Magistrate issued warrant of arrest

THE HIGH COURT OF MADHYA PRADESH MCRC No.21480/2022 (NARAYAN SINGH @ GUDDA AHIRWAR VS. STATE OF M.P.)

and as soon as the applicant came to know about the said fact, he

himself surrendered before the Trial Court on 19/04/2022. It is

further submitted that earlier, the applicant has remained in jail for

more than one and half months and now, he is in jail for the last 10

days. He has no criminal history and he undertakes to abide by any

stringent condition, which may be imposed by this Court. 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 applicant is vehemently opposed by the

Counsel for the State. However, it is fairly conceded that the

applicant has no criminal history.

Considering the facts and circumstances of the case and

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 HIGH COURT OF MADHYA PRADESH MCRC No.21480/2022 (NARAYAN SINGH @ GUDDA AHIRWAR VS. STATE OF M.P.)

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: 2022.04.29
  16:45:47 -07'00'