Citation : 2022 Latest Caselaw 2009 MP
Judgement Date : 14 February, 2022
1
THE HIGH COURT OF MADHYA PRADESH
MCRC.7824/2022
Rahul Rawat v. State of M.P
Gwalior, Dated: 14.02.2022
Shri Rameshwar Rawat, Counsel for the applicant.
Shri APS Tomar, 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 29.01.2022 in connection
with Crime No.34/2022 registered by Police Station Dehat Shivpuri
Distt. Shivpuri 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, 60 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.7824/2022 Rahul Rawat 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 17:36:53 +05'30'
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