Dhanraj vs The State Of Madhya Pradesh
2022 Latest Caselaw 408 MP

                               1
            THE HIGH COURT OF MADHYA PRADESH
                      MCRC No.218/2022
                    Dhanraj vs. State of M.P.

Gwalior, Dated : 07/01/2022

        Shri Rajmani Bansal, Counsel for the applicant.

        Shri A.P.S. Tomar, Panel Lawyer 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 13.12.2021 in connection

with Crime No.91/2021 registered at Police Station Avada, District

Sheopur for offence under Sections 34(2) of Excise Act and

130/177(3), 77/177, 146/196 and 3/181 of Motor Vehicles 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 applicant is in jail from

13.12.2021. 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 by the counsel for the State that the

applicant has a criminal history and three more criminal cases have

been registered against him out of which one under Section 323, 294,

506B of IPC, another was registered under Section 341, 323, 506B of

IPC and third was registered under Section 307, 34 of IPC. It is fairly

conceded that no offence under NDPS Act or M.P. Excise Act have

THE HIGH COURT OF MADHYA PRADESH MCRC No.218/2022 Dhanraj vs. State of M.P.

been registered against the applicant.

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 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 directed that the applicant shall appear before the

S.H.O. Police Station Avada, District Sheopur on 1st of every

month during the pendency of the Trial.

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)
 (alok)                                                         Judge




ALOK KUMAR
2022.01.07 16:41:56 +05'30'