Mayank @ Monti vs The State Of Madhya Pradesh
2022 Latest Caselaw 720 MP

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         THE HIGH COURT OF MADHYA PRADESH
                      MCRC No. 2270/2022
         (MAYANK @ MONTI Vs STATE OF MADHYA PRADESH)

                   Through Video Conferencing

Gwalior, Dated : 14/01/2022

      Shri R.S. Yadav, Counsel for applicant.

      Shri A.K. Nirankari, Counsel for State.

      Case diary is available.

      This is second application filed under Section 439 of Cr.P.C.

for grant of bail. The first application was dismissed by the

Coordinate Bench of this Court by order dated 06.12.2021 passed in

M.Cr.C. No.55937/2021 as withdrawn. As the Hon'ble Judge has been

transferred, therefore, this application has been placed before this

Court.

      The applicant has been arrested on 27.10.2021 in connection

with Crime No.260/2021 registered by Police Station - Saraychola,

District Morena for offence punishable under Sections 34 (2), 36 (c)

of Excise Act.

      It is submitted by Counsel for applicant that the first bail

application of applicant was withdrawn with liberty to revive the

prayer after filing of the charge-sheet. The charge-sheet has been

filed. According to the prosecution case, 207 liters of liquor has been

seized from the possession of applicant. The applicant is in jail from

27.10.2021. In view of the criminal antecedents of the applicant, he is

ready and willing to abide by any stringent condition which may be
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         THE HIGH COURT OF MADHYA PRADESH
                      MCRC No. 2270/2022
         (MAYANK @ MONTI Vs STATE OF MADHYA PRADESH)

imposed by the Court. It is further submitted that in the wake of on

going COVID-19 pandemic, the applicant is ready and willing to

contribute for fighting against COVID-19 pandemic and would

deposit any amount which maybe directed by this Court. The trial is

likely to take sufficiently long time and there is no possibility of his

absconding or tampering with prosecution case.

      Per contra, the application is vehemently opposed by the

Counsel for the respondent/State. It is submitted that not only the

applicant has a criminal history and one more offence has been

registered against him but the father of applicant is still absconding

against whom seven criminal cases have been registered. However, it

is fairly conceded that no offence under the M.P. Excise Act or NDPS

Act has been registered against the applicant, whereas one offence

under M.P. Excise Act has been registered against the father of

applicant.

Heard the learned counsel for the parties.

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 shall be released on bail, in case he

deposits an amount of Rs.20,000/- (Rs. Twenty Thousand Only) in

the Registry of this Court, which shall be utilized for upgrading the

Civil Dispensary functioning in the Court premises and on furnishing

THE HIGH COURT OF MADHYA PRADESH MCRC No. 2270/2022 (MAYANK @ MONTI Vs STATE OF MADHYA PRADESH)

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 2022.01.14 17:34:32 +05'30'