Rajesh Balmik vs The State Of Madhya Pradesh
2022 Latest Caselaw 6669 MP

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          THE HIGH COURT OF MADHYA PRADESH
                      MCRC No. 21800/2022
           (RAJESH BALMIK Vs STATE OF MADHYA PRADESH)

Gwalior, Dated : 04/05/2022

      Shri Anshu Gupta, Counsel for applicant.

      Shri C.P. Singh, Counsel for State.

      Case diary is available.

      This is first application filed under Section 439 of Cr.P.C. for

grant of bail.

      The applicant has been arrested on 25.03.2022 in connection

with Crime No.44/2022 registered by Police Station Subhashpura,

District Shivpuri for offence punishable under Sections 49(A) of

Excise Act.

      It is submitted by Counsel for applicant that applicant is in jail

for the last for approximately one and a half month. According to the

prosecution case, 5 liters of country made liquor which is alleged to be

unfit for human consumption has been seized from the possession of

applicant. No FSL report has been received so far to indicate that the

liquor seized from the possession of the applicant is unfit for human

consumption. The trial is likely to take sufficiently long time. There is

no possibility of his absconding or tampering with prosecution case.

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

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

and one more offence under Sections 323, 294, 506 Part II of IPC has

been registered against him. However, it is fairly conceded that the

FSL report has not been received so far.

THE HIGH COURT OF MADHYA PRADESH MCRC No. 21800/2022 (RAJESH BALMIK Vs STATE OF MADHYA PRADESH)

Heard the learned counsel for the parties.

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.

This order shall remain effective till the end of the trial but in

case of bail jump, it shall become ineffective.

It is further clarified that after receipt of FSL report, if it is

found that the liquor seized from the possession of the applicant was

unfit for human consumption, then this order shall automatically lose

its effect and the applicant shall be under obligation to immediately

surrender before the Trial Court.

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 rule.

(G.S. Ahluwalia) Judge Aman AMAN TIWARI 2022.05.04 17:46:34 +05'30'