Madhya Pradesh High Court
Yunis Khan (Usmani) vs The State Of Madhya Pradesh on 12 January, 2022
Author: Gurpal Singh Ahluwalia
1
THE HIGH COURT OF MADHYA PRADESH
MCRC.939/2022
Yunis Khan (Usmani) v. State of M.P.
Gwalior, Dated: 12.01.2022
Shri Ravi Dwivedi, counsel for the Applicant.
Shri Rajiv Upadhyay, Counsel for the State.
Case diary is available.
This third application under Section 439 of Cr.P.C. has been
filed for grant of bail. Previous application was dismissed by order
dated 10.12.2021 in M.Cr.C. No. 56718/2021.
The applicant has been arrested on 08.09.2021 in connection
with Crime No.506/2021 registered by Police Station Inderganj Distt.
Gwalior for offence punishable under Section 49(ka) of M.P. Excise
Act.
The previous two bail applications of the applicant were
rejected by the coordinate bench of this Court. However, due to
transfer of the Hon'ble Judge this matter has been placed before this
Court.
It is submitted by the Counsel for the applicant that according
to the prosecution case, five liters of country made liquor which was
alleged to be unfit for human consumption has been seized.
Although, the applicant is in jail from 08.09. 2021, but the FSL report
has not been received so far. The charge-sheet has been filed. In view
of criminal antecedents, he is ready and willing to abide by any
stringent condition which may be imposed by this Court and he is
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THE HIGH COURT OF MADHYA PRADESH
MCRC.939/2022
Yunis Khan (Usmani) v. State of M.P.
also ready and willing to contribute for fighting against ongoing
Omicron pandemic. 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 the applicant has a criminal
history and fifteen more cases have been registered against him,
including under MP Excise Act also. However, he fairly conceded
that FSL report has not been received so far.
In view of period of detention and in view of concessional
statement made by the Counsel for the applicant that applicant is
ready and willing to contribute for fighting against ongoing Omicron
pandemic and without commenting on the merits of the case, the
application is allowed. It is directed that in case if the applicant
deposits an amount of Rs. 10,000/- in the registry of this Court
which shall be utilized for up-gradation of civil dispensary
functioning in the Court premises, and 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.
THE HIGH COURT OF MADHYA PRADESH
MCRC.939/2022
Yunis Khan (Usmani) v. State of M.P.
It is further directed that the applicant shall appear before the
S.H.O. Police Station Inderganj, District Gwalior 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
2022.01.12
16:01:13 +05'30'
