Nemi Chand vs The State Of Madhya Pradesh
2022 Latest Caselaw 1052 MP

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           THE HIGH COURT OF MADHYA PRADESH
                     M.CrC.3631 /2022
                  Nemi Chand v. State of M.P

                      Through video conferencing

Gwalior, Dated: 21.01.2022

       Shri Brajesh Tyagi, 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 05.11.2020 in connection

with Crime No.1262/2020 registered by Police Station City kotwali

Distt.Morena 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, 63 litres of country made liquor has been

seized from the possession of the applicant. It is submitted that

applicant has criminal history and two more offences were registered

against him, therefore, he is ready and willing 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 application is opposed by the counsel for the

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

and two more offences were registered against him. However, it is

fairly conceded that no offence under Section NDPS Act or M.P.

Excise Act has been registered against him.

THE HIGH COURT OF MADHYA PRADESH M.CrC.3631 /2022 Nemi Chand v. State of M.P

Considering the facts and circumstances of the case, 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.

It is further directed that the applicant shall appear before the

S.H.O. Police Station City Kotwali, District Morena on 1st of

every month during the pendency of the Trial. In case of bail jump

or non-appearance of the applicant before the police station as

directed by this Court, this order shall lose its effect.

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 2022.01.22 12:25:13 +05'30'