Dwarika vs The State Of Madhya Pradesh
2022 Latest Caselaw 9608 MP

                                  1
             IN THE HIGH COURT OF MADHYA PRADESH
                          AT GWALIOR
                                BEFORE
             HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
                           ON THE 13th OF JULY, 2022

       MISCELLANEOUS CRIMINAL CASE No. 33540 of 2022

        Between:-
1.      DWARIKA S/O RAMPA, AGED 38 YEARS,

2.      DHARMENDRA S/O SURENDRA, AGED 25
        YEARS, OCCUPATION: KRASHI, CASTE SAVITA
        BOTH R/O GRAM BHOORISINGH KA PURA
        GALETHA, TEHSIL JOURA DISTRICT MORENA
        (MADHYA PRADESH)

                                                            .....APPLICANTS
        (BY SHRI ANAND GUPTA - ADVOCATE)

        AND

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

                                                           .....RESPONDENT
        (BY SHRI P.P.S. VAJEETA - PUBLIC PROSECUTOR)

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

Case diary is available.

This second application under Section 439 of Cr.P.C. has been filed for grant of bail. The first application was dismissed by order dated 6.6.2022 passed in M.Cr.C.No.26595/2022.

The applicants have been arrested on 12.05.2022 in connection with Crime No.135/2020 registered at Police Station Bagchini, District Morena for offence under Section 34(2) of Excise Act.

It is submitted by the counsel for the applicants that the first bail application of the applicants was dismissed by order dated 6.6.2022 passed in M.Cr.C.No.26595/2022 on the ground of short period of detention. It is true that the liquor was seized on 10.6.2020 and the applicants were arrested on 12.5.2022 but in all 90.5 litres of country made liquor was seized from the house apart from some empty plastic quarter bottles. The applicants have no criminal history. The applicants are ready and willing to abide by any stringent condition which may be imposed by the Court. The trial is likely to take sufficiently long time and there is no possibility of their absconding or tampering with the prosecution case.

Per contra, the application is vehemently opposed by the counsel for the State. However, it is fairly conceded that the applicants have no criminal history.

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 applicants 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 each 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 applicants shall appear before the S.H.O. Police Station Bagchini, District Morena on 1st of every month during the pendency of the Trial. In case of bail jump or non-appearance of the applicants 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 (alok)

ALOK KUMAR 2022.07.13 15:05:29 +05'30'