Balveer vs The State Of Madhya Pradesh
2022 Latest Caselaw 657 MP

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           THE HIGH COURT OF MADHYA PRADESH
                       MCRC.1678/2022
                Balveer and Anr. v. State of M.P.

Gwalior, Dated: 13.01.2022

       Shri Manoj Dwivedi, counsel for the Applicants.

       Shri A.K. Nirankari, Counsel 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 applicants have been arrested on 26.12.2021 in connection

with Crime No.310/2021 registered by Police Station Dinara District

Shivpuri for offence punishable under Sections 34 (2) of M.P. Excise

Act.

       It is submitted by the counsel for the applicants that according

to the prosecution case, 63 litres of country made liquor has been

seized from the possession of the applicants. 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 applicants.

Considering the facts and circumstances of the case, without

commenting on the merits of the case, the application is allowed. It is

THE HIGH COURT OF MADHYA PRADESH MCRC.1678/2022 Balveer and Anr. v. State of M.P.

directed that the applicants be released on bail on furnishing a

personal bond in the sum of Rs.1,00,000/- (Rupees One Lac) each

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.

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 2022.01.13 15:21:22 +05'30'