Vinnu @ Vinay vs The State Of Madhya Pradesh
2022 Latest Caselaw 8799 MP

                                  1
          IN THE HIGH COURT OF MADHYA PRADESH
                       AT GWALIOR
                              BEFORE
           HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
                          ON THE 1st OF JULY, 2022

             MISC. CRIMINAL CASE No. 31679 of 2022

        Between:-
        VINNU @ VINAY S/O RAJVEER SINGH
        GURJAR, AGED - 26 YEARS, R/O GRAM
        RUARIYA, POLICE STATION SIHONIYA
        DISTRICT MORENA (MADHYA PRADESH)

                                                            .....APPLICANT
        (SHRI ANURAG SHARMA-COUNSEL FOR APPLICANT)

        AND

        THE STATE OF MADHYA PRADESH
        THROUGH POLICE STATION SIHONIYA
        DISTRICT MORENA (MADHYA PRADESH)

                                                          .....RESPONDENT
        (SHRI LOKENDRA SHRIVASTAVA-COUNSEL FOR STATE)

       This application coming on for hearing this day, the court passed
the following:
                                  ORDER

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 08.04.2022 in connection with Crime No.73/2022 registered at Police Station Sihoniya, District Morena for offence under Section 34(2), 47 (,) of Excise Act.

It is submitted by the counsel for the applicant that according to the prosecution case, 6 boxes of Goa whisky classic were seized from the

possession of the applicant while he was going on a motor cycle. Total 54 liters of english liquor has been seized. He is in jail from 08.04.2022. In view of his criminal antecedents, he is ready and willing to abide by any stringent condition which may be imposed 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 State. It is submitted that apart from the present case, three more criminal cases were registered against him. However, it is fairly conceded that neither any offence under Excise Act or NDPS Act nor any offence of heinous nature was registered against him.

Considering the period of detention, and 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 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 further directed that the applicant shall appear before the S.H.O. Police Station Sihoniya, District Morena 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.

The application is allowed.

(G.S. AHLUWALIA) JUDGE Aman AMAN TIWARI 2022.07.01 18:38:45 +05'30'