Ajay Singh Rajawat vs The State Of Madhya Pradesh
2022 Latest Caselaw 8335 MP

                                   1
             IN THE HIGH COURT OF MADHYA PRADESH
                          AT GWALIOR
                                BEFORE
             HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
                           ON THE 23rd OF JUNE, 2022

       MISCELLANEOUS CRIMINAL CASE No. 30082 of 2022

        Between:-
        AJAY SINGH RAJAWAT S/O SHRI RAJESH SINGH
        RAJAWAT, AGED 25 YEARS, OCCUPATION:
        SERVICE, R/O BEEMA SCHOOL KE PASS
        GOSPURA NO. 1 HAZIRA, GWALIOR (MADHYA
        PRADESH)

                                                                .....APPLICANT
        (BY SHRI OMENDRA SINGH KUSHWAH - ADVOCATE)

        AND

        THE STATE OF MADHYA PRADESH THROUGH
        POLICE   STATION  GWALIOR    DISTRICT
        GWALIOR (MADHYA PRADESH)

                                                              .....RESPONDENT
        (BY SHRI A.K. NIRANKARI - 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. First bail application of the applicant was dismissed as withdrawn by order dated 12.5.2022 passed in MCRC No.23833/2022.

The applicant has been arrested on 1.5.2022 in connection with Crime No.116/2022 registered at Police Station Gwalior, District Gwalior for offence under Sections 34(2) of Excise Act.

It is submitted by the counsel for the applicant that according to the

prosecution case, 99 bulk liters of English liquor of different makes worth Rs.2,50,000/- has been seized from the house of the applicant. The applicant is in jail for the last approximately two months. The trial is likely to take sufficiently long time and there is no possibility of his absconding or tampering with the prosecution case. This Court by order dated 12.5.2022 passed in M.Cr.C.No.23227/2022 has granted bail to co-accused Rajesh Singh Rajawat.

Per contra, the application is vehemently opposed by the counsel for the State. It is submitted that the applicant has a criminal history of one more criminal case under Section 323, 294, 506, 34 of IPC.

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) 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.

The application is allowed.

(G.S. AHLUWALIA) JUDGE (alok)

ALOK KUMAR 2022.06.24 17:28:06 +05'30'