Sonu Prajapati vs The State Of Madhya Pradesh
2022 Latest Caselaw 3428 MP

                           1
          THE HIGH COURT OF MADHYA PRADESH
                   MCRC No.12249/2022
            (SONU PRAJAPATI VS. STATE OF M.P.)

Gwalior, Dated : 10/03/2022

       Shri Anuj Mohan, learned counsel for the applicant.

       Shri Naval Gupta, learned counsel for the State.

       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 07/02/2022 in connection

with     Crime      No.33/2022    registered    at      Police   Station

Madhusudangarh, District Guna for offence under Section 34(2) of

M.P. Excise Act.

       It is submitted by the counsel for the applicant that according

to the prosecution case, 70 bulk litres of country made liquor has

been seized from the possession of the applicant. The Trial is likely

to take sufficiently long time and there is no possibility of his

absconding or tampering with the prosecution case. It is further

submitted that the applicant has no criminal history.

       Per contra, the application is opposed by the counsel for the

respondent/State. It is submitted that the applicant has a criminal

history and two more offences under Sections 294, 323 and 506 of

IPC have been registered against the applicant. However, it is farily

conceded that no offence under M.P. Excise Act or NDPS Act has

been registered.

THE HIGH COURT OF MADHYA PRADESH MCRC No.12249/2022 (SONU PRAJAPATI VS. STATE OF M.P.)

Considering the facts and circumstances of the case, 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.

Certified copy as per rules.

                                                                   (G.S. Ahluwalia)
Pj'S/-                                                                   Judge

         Digitally signed by
         PRINCEE BARAIYA
         Date: 2022.03.10
         16:46:04 -08'00'