Brajesh Pal vs The State Of Madhya Pradesh
2022 Latest Caselaw 409 MP

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           THE HIGH COURT OF MADHYA PRADESH
                     MCRC No.421/2022
                  Brajesh Pal vs. State of M.P.

Gwalior, Dated : 07/01/2022

      Shri Surajbhan Lodhi, 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 21.12.2021 in connection

with Crime No.754/2021 registered at Police Station Pichhore, District

Shivpuri for offence under Section 34(2) of Excise Act.

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

the prosecution case, 54 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

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

THE HIGH COURT OF MADHYA PRADESH MCRC No.421/2022 Brajesh Pal vs. State of M.P.

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)
 (alok)                                                         Judge




ALOK KUMAR
2022.01.07 16:40:29 +05'30'