Ritesh Gore vs The State Of Madhya Pradesh
2022 Latest Caselaw 4411 MP

THE HIGH COURT OF MADHYA PRADESH MCRC No. 15256/2022 (RITESH GORE Vs THE STATE OF MADHYA PRADESH)

Gwalior, Dated : 29/03/2022

Shri Ashish Singh Jadon, Counsel for applicant.

Shri A.K. Nirankari, Counsel for 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 03.02.2022 in connection

with Crime No.86/2022 registered at Police Station - Cantt, District

Guna for offence under Section 34 (2) of Excise Act.

It is submitted by the Counsel for the applicant that according

to the prosecution case, 60 liters of illicit liquor has been seized from

the possession of the applicant. It is submitted that applicant has been

falsely implicated. He is in jail from 03.02.2022 i.e. more than one

and a half months. In view of the criminal antecedents, applicant is

ready and willing to abide by any stringent condition which may be

imposed by the Court including that of furnishing cash surety. 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 Counsel

for the State. It is submitted that applicant has criminal history and six

criminal cases have been registered against him including one private

complaint. It is submitted that one offence was registered under

THE HIGH COURT OF MADHYA PRADESH MCRC No. 15256/2022 (RITESH GORE Vs THE STATE OF MADHYA PRADESH)

Section 307 of IPC, whereas second offence was registered under

Section 354-D, 294, 323 of IPC and third offence was registered

under section 354, 365 and 294 of IPC and fourth was registered

under Section 294, 323, 506 of IPC and all the four trials are pending

whereas he has been convicted under the Public Gambling Act.

Considering the antecedents of applicant, this Court is of the

view that he can be granted bail only on the stringent condition of

furnishing cash surety.

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 shall be released on bail on

furnishing cash surety of Rs.1,50,000/- (Rupees One Lac Fifty

Thousand Only) 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.

It is made clear that single default in appearance before the

Trial Court, or in case of registration of new offence, this bail order

shall automatically come to an end and the cash surety so furnished

by the applicant shall automatically stand forfeited without any

reference to the Court.

THE HIGH COURT OF MADHYA PRADESH MCRC No. 15256/2022 (RITESH GORE 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 2022.03.29 17:20:45 +05'30'