Yunis Khan vs The State Of Madhya Pradesh
2022 Latest Caselaw 7867 MP

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

                MISC. CRIMINAL CASE No. 25186 of 2022

        Between:-
        YUNIS KHAN S/O MUSTAFA KHAN, AGED - 34
        YEARS, OCCUPATION: AGRICULTURIST, R/O
        PEEPALIPURA ROAD, SANJAY COLONY,
        MORENA (MADHYA PRADESH)

                                                                .....APPLICANT
        (BY MS. RICHA BHADORIYA-ADVOCATE )

        AND

        THE   STATE  OF   MADHYA    PRADESH
        THROUGH SHO POLICE STATION - SIHONIA,
        DISTRICT MORENA (MADHYA PRADESH)

                                                             .....RESPONDENT
        (BY SHRI RAJEEV UPADHYAY-ADVOCATE)

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

following:
                                    ORDER

Case diary is available.

This third application under Section 439 of Cr.P.C. has been filed for

grant of bail. The second application was dismissed by order dated

09.05.2022 passed in M.Cr.C. No.21438/2022.

The applicant has been arrested on 30.03.2022 in connection with Crime No.110/2021 registered at Police Station Sihonia Distt. Morena for

offence under Section 34 (2) of Excise Act.

It is submitted by the counsel for the applicant that first bail application 2 of 3

was dismissed as withdrawn by order dated 13.04.2022 passed in M.Cr.C.

No.18308/2022 with liberty to revive the prayer after undergoing some

reasonable period of detention. However, the second application was

dismissed by order dated 09.05.2022 passed in M.Cr.C. No.21438/2022 on

the ground that applicant is the owner of the vehicle which was used for

bringing liquor from Rajasthan. It is submitted that applicant is in jail for the

last two and a half months. The applicant was not present at the time when

liquor was seized from the vehicle owned by applicant. The vehicle of the

applicant was misused without his knowledge. 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 opposed by the counsel for the

respondent/State. However, it is submitted that as per the case diary, the

applicant has no criminal history.

Heard the learned counsel for the parties.

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.

This order shall remain effective till the end of the 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 & Ors. vs. State of M.P. passed on 18/3/2021 in Criminal 3 of 3

Appeal No.329/2021, the intimation regarding grant of bail be sent to the

complainant.

Certified copy as per rule.

(G.S. AHLUWALIA) JUDGE Aman AMAN TIWARI 2022.06.15 17:47:08 +05'30'