Anek Singh vs The State Of Madhya Pradesh
2022 Latest Caselaw 9775 MP

                                   1
             IN THE HIGH COURT OF MADHYA PRADESH
                          AT GWALIOR
                                BEFORE
             HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
                            ON THE 15th OF JULY, 2022

                MISC. CRIMINAL CASE No. 34498 of 2022

         Between:-
         ANEK SINGH S/O SHRI RAMVILAS SINGH,
         AGED-35 YEARS, OCCUPATION: LABORER R/O
         VILLAGE ANGADPURA POLICE STATION ATER,
         DISTT. BHIND (M.P)

                                                                .....PETITIONER
         (BY SHRI D.S.KUSHWAHA-ADVOCATE )

         AND

         THE STATE OF MADHYA PRADESH, THR.
         POLICE STATION-PAWAI, DISTT. BHIND (M.P.)

                                                             .....RESPONDENTS
         (BY MS. ANJALI GYANANI - PUBLIC PROSECUTOR )

       Th is application coming on for motion hearing this day, t h e 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 25.05.2022 in connection with Crime No.04/2022 registered by Police Station Pawai Distt. Bhind for offence punishable under Sections34 (2) of M.P. Excise Act.

I t is submitted by Counsel for the applicant that according to the prosecution case 10 boxes of liquor containing total 86 liters of liquor worth Rs. 33,000/- were seized. The police received an information that the applicant,

co-accused Mukesh Singh Bhadoriya as well as two more persons are standing near a culvert along with a motorcycle and a car with an intention to deliver the liquor. Accordingly, police conducted raid and as per prosecution case, the applicant as well as co-accused ran towards a field and the co-accused Basante @ Basant Bhadoriya and two other accused persons escaped on the car after leaving motorcycle and 10 boxes of liquor. Every box containing 48 boxes of 180 ML, total 86 liters of liquor was seized. It is submitted that applicant is in jail from 25.05.2022 (wrongly mentioned 10.06.2022 in the bail bail application). In view of the criminal antecedents he is ready and willing to abide by any stringent condition which may be imposed by the Court. 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 vehemently opposed by the Counsel for the State. It is submitted that the applicant has a criminal history and apart from the present case, five more criminal cases have been registered against him. However, she fairly conceded that no offence under NDPS or M.P. Excise Act has been registered against him.

Considering the facts and circumstances of the case 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.

I t is further directed that the applicant shall appear before the S.H.O. Police Station Pawai, District Bhind on 1st and 15th 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 & 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 rules.

(G.S. AHLUWALIA) JUDGE a

ABDUR RAHMAN 2022.07.15 18:57:44 +05'30'