Ajay Sharma vs The State Of Madhya Pradesh
2022 Latest Caselaw 234 MP

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          THE HIGH COURT OF MADHYA PRADESH
                      MCRC No. 63305/2021
            (AJAY SHARMA Vs STATE OF MADHYA PRADESH)

Gwalior, Dated : 05/01/2022

      Shri Rajkumar Singh Kushwah, 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 10.12.2021 in connection

with Crime No.372/2021 registered by Police Station Excise

Department Sironj, District Vidisha for offence punishable under

Sections 34 (1), 34 (2) of Excise Act.

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

the prosecution case, 72 bulk liters 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 Counsel for the

respondent/State. However, after going through the police case diary,

it is fairly conceded by Counsel for the State that there is nothing in

the diary to indicate the criminal antecedents of the applicant.

Heard the learned counsel for the parties.

Considering the facts and circumstances of the case and

THE HIGH COURT OF MADHYA PRADESH MCRC No. 63305/2021 (AJAY SHARMA Vs STATE OF MADHYA PRADESH)

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.

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 2022.01.05 17:17:09 +05'30'