Vishal Alias Badri Alias Ashu vs The State Of Madhya Pradesh
2022 Latest Caselaw 926 MP

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           THE HIGH COURT OF MADHYA PRADESH
                         M.Cr.C.2981/2022
            Vishal alias Badri alias Ashu v. State of M.P

                      Through video conferencing

Gwalior, Dated: 19.01.2022

       Shri Brijendra Singh Yadav, Counsel for the applicant.

       Shri C.P. Singh, 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 applicant has been arrested on 01.12.2021 in connection

with Crime No.428/2021 registered by Police Station Dharnavada

Distt. Guna for offence punishable under Section 34(2), 49 (A) of

M.P. Excise Act.

       It is submitted by the counsel for the applicant that according

to the prosecution case, 80 litres of country made liquor has been

seized from the possession of the applicant. Although the applicant is

in jail from 01.12.2021 and the charge sheet has been filed, but the

FSL report has not been received to show that liquor seized from the

possession of the applicant was injurious to health or poisonous. 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. However, it is fairly conceded that although police

has filed the charge sheet, but the FSL report has not been received. It

is further submitted that the applicant has a criminal history and one

THE HIGH COURT OF MADHYA PRADESH M.Cr.C.2981/2022 Vishal alias Badri alias Ashu v. State of M.P

more offence under Section 25/27 of Arms Act was registered.

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) 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 made clear that after the FSL report is received, if it is

found that the liquor seized from the possession of the applicant is

unfit for human consumption, then this order shall lose its effect and

the applicant shall be under obligation to immediately surrender

before the Trial Court. Otherwise, t his order shall remain in force,

till the conclusion of Trial. In case of bail jump, or violation of any of

the condition(s) mentioned above, this order shall automatically 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 2022.01.20 10:58:44 +05'30'