Madhya Pradesh High Court
Shivam Mishra vs The State Of Madhya Pradesh on 7 March, 2022
Author: Gurpal Singh Ahluwalia
THE HIGH COURT OF MADHYA PRADESH
MCRC No. 11433/2022
(SHIVAM MISHRA Vs THE STATE OF MADHYA PRADESH)
Gwalior, Dated : 07/03/2022
Shri Vijay Singh Rathore, Counsel for applicant.
Shri A.K. Nirankari, Counsel for State.
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dated 23.02.2022 passed in M.Cr.C. No.7883/2022 as withdrawn.
The applicant has been arrested on 16.01.2022 in connection
with Crime No.24/2022 registered at Police Station Indarganj, District
Gwalior for offence under Section 49(A) of Excise Act.
The first application was withdrawn without arguing the matter.
Accordingly, it is submitted by Counsel for applicant that in first bail
application, the name of father was disclosed as 'Ashok Mishra' in fact
Ashok Mishra is uncle of applicant. The applicant are two brothers.
One was adopted by Ashok Mishra, whereas the applicant remained
with his real father. Since the first bail application was filed along-
with the affidavit of his brother who was adopted by Ashok Mishra,
therefore, by mistake the father's name was mentioned as Ashok
Mishra in the cause title of first bail application and in view of the
objection which was raised by the Office, the first bail application was
withdrawn, and therefore, fresh application was filed before the Trial
Court with the correct name of father of applicant.
It is submitted by Counsel for applicant that according to the
THE HIGH COURT OF MADHYA PRADESH
MCRC No. 11433/2022
(SHIVAM MISHRA Vs THE STATE OF MADHYA PRADESH)
prosecution case, five liters of country made liquor allegedly unfit for
human consumption was seized from the possession of applicant. The
FSL report has been received, according to which the liquor was found
to be unfit for human consumption. The applicant is in jail for near
about one month and eighteen days. The applicant has been falsely
implicated. He has no criminal history. In view of the FSL report, he is
ready and willing to abide by any condition which may be imposed by
the Court. The trial is likely to take sufficiently long time.
Per contra, the application is opposed by the Counsel for the
State. However, it is fairly conceded that the case diary does not
contain any criminal antecedent of the applicant.
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.
It is further directed that the applicant shall appear before the
S.H.O. Police Station Indarganj, District Gwalior on 1st 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.
THE HIGH COURT OF MADHYA PRADESH
MCRC No. 11433/2022
(SHIVAM MISHRA Vs THE STATE OF MADHYA PRADESH)
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
Aman
AMAN TIWARI
2022.03.07 17:25:55
+05'30'
