Brajbhan Singh vs State Of Mp
2022 Latest Caselaw 2005 MP

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           THE HIGH COURT OF MADHYA PRADESH
                      MCRC.7386/2022
                Brajbhan Singh v. State of M.P



Gwalior, Dated: 14.02.2022

       Shri R.S. Danghi, Counsel for the applicant.

       Shri C.P. Singh, Counsel for the respondent.

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 15.01.2022 in connection

with Crime No.24/2022 registered by Police Station Chanderi Distt.

Ashoknagar 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, 58 bulk 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

THE HIGH COURT OF MADHYA PRADESH MCRC.7386/2022 Brajbhan Singh v. State of M.P

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 ar

ABDUR RAHMAN 2022.02.14 17:36:00 +05'30'