Manoj Kushwa vs The State Of Madhya Pradesh
2022 Latest Caselaw 1187 MP

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          THE HIGH COURT OF MADHYA PRADESH
                       MCRC No. 4179/2022
          (MANOJ KUSHWAH Vs STATE OF MADHYA PRADESH)

                    Through Video Conferencing

Gwalior, Dated : 25/01/2022

      Shri Rahul Shrivastava, Counsel for applicant.

      Shri Rajeev Upadhyay, Counsel for State.

      Case diary is available.

      This is first application filed under Section 439 of Cr.P.C. for

grant of bail.

      The applicant has been arrested on 29.12.2021 in connection

with Crime No.221/2021 registered by Police Station - Tighra,

District Gwalior, for offence punishable under Section 49 (A) of

Excise Act.

      It is submitted by Counsel for the applicant that according to the

prosecution case, 9 liters of liquor which is alleged to be unfit for

human consumption has been seized from the possession of the

applicant. It is submitted that the FSL report has not been received,

and therefore, it is not known as to whether the liquor allegedly seized

from the possession of applicant is poisonous/unfit for human

consumption or not. The trial is likely to take sufficiently long time

and there is no possibility of his absconding or tampering with

prosecution case.

      Per contra, the application is opposed by Counsel for the

respondent/State. However, it is conceded that applicant has no

criminal history and FSL report has not been received.

THE HIGH COURT OF MADHYA PRADESH MCRC No. 4179/2022 (MANOJ KUSHWAH Vs STATE OF MADHYA PRADESH)

Heard the learned counsel for the parties.

Considering the period of detention 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 Only) 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.

It is further clarified 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 this order shall automatically lose

its effect and the applicant shall be under obligation to immediately

surrender before the Trial Court.

This order shall remain effective till the end of the 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 & Ors. vs. State of M.P. passed on 18/3/2021

in Criminal Appeal No.329/2021, the intimation regarding grant of

bail be sent to the complainant.

Certified copy as per rule.

(G.S. Ahluwalia) Judge Aman AMAN TIWARI 2022.01.25 16:45:21 +05'30'