Anil Sikarwar vs The State Of Madhya Pradesh
2022 Latest Caselaw 3935 MP

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          THE HIGH COURT OF MADHYA PRADESH
                    MCRC No.13422/2022
                Anil Sikarwar vs. State of M.P.

Gwalior, Dated : 22/03/2022

      Shri Ankur Maheshwari, Counsel for the applicant.

      Shri A.K. Nirankari, Counsel for respondent/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 as

withdrawn by order dated 3.2.2022 passed in M.Cr.C.No.5864/2022.

The applicant has been arrested on 29.12.2021 in connection

with Crime No.821/2021 registered at Police Station Civil Line,

District Morena for offence under Sections 34(2), 47(A) of Excise Act.

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

the prosecution case 207.36 bulk litres of country made liquor has

been seized from the possession of the applicant. The applicant has

been falsely implicated. The applicant is in jail for approximately three

months. 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 State. It is submitted that the applicant has a criminal

history and one investigation in Crime No.55/2016 registered for

offence under Sections 392, 341 of IPC read with Section 11/13 of

MPDVPK Act is pending.

Considering the facts and circumstances of the case, period of

detention and without commenting on the merits of the case, the

THE HIGH COURT OF MADHYA PRADESH MCRC No.13422/2022 Anil Sikarwar vs. State of M.P.

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) Judge (alok)

ALOK KUMAR 2022.03.22 15:37:12 +05'30'