Citation : 2022 Latest Caselaw 7579 MP
Judgement Date : 6 June, 2022
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
ON THE 6th OF JUNE, 2022
MISC. CRIMINAL CASE No. 26773 of 2022
Between:-
SANKET CHAUHAN S/O HEERA LAL CHAUHAN ,
AGED ABOUT 24 YEARS, OCCUPATION:
AGRICULTURE GRAM KARMAKHEDI P.S.
DHARNAWADA TEHSEEL RADHOGARH
DISTRICT GUNA (MADHYA PRADESH)
.....PETITIONER
(BY SHRI D.S. RAJAWAT - ADVOCATE )
AND
THE STATE OF MADHYA PRADESH INCHARGE
POLICE STATION PS DHARNAWADA (MADHYA
PRADESH)
.....RESPONDENTS
(BY SHRI PURSHOTTAM TANWAR, ADVOCATE FOR THE 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.
Th e applicant has been arrested on 04/05/2022 in connection with Crime No.156/2022 registered at Police Station Dharnawada District Guna (M.P.) for offence under Sections 34(2) of the Excise Act.
It is submitted by the Counsel for the applicant that applicant has been falsely implicated and recovery of 60 bulk litres of country made liquor from the applicant has been falsely shown. The applicant is in jail since 04/05/2022. 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 vehemently opposed by the Counsel for the respondent/State and it is submitted that applicant has criminal history and an offence under Jua Act has been registered against him.
Considering the period of detention, 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.
This order shall remain effective till the end of 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 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) V. JUDGE Prachi
PRACHI MISHRA 2022.06.06 19:54:17 +05'30'
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