Ramniwas vs The State Of Madhya Pradesh
2022 Latest Caselaw 6894 MP

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           THE HIGH COURT OF MADHYA PRADESH
                      MCRC No. 22810/2022
            (RAMNIWAS Vs THE STATE OF MADHYA PRADESH)



Gwalior, Dated : 07/05/2022

      Shri R.S. Yadav, Counsel for applicant.

      Ms. Kalpana Parmar, 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 21.04.2022 in connection

with Crime No.59/2022 registered by Police Station - Bamorkala,

District Shivpuri for offence punishable under Section 34 (2) of

Excise Act.

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

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

from the possession of the applicant. It is submitted that applicant is in

custody since 21.04.2022 and in view of the criminal antecedent, he is

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

imposed by the Court. The Trial is likely to take sufficiently long time

and there is no possibility of his absconding or tempering with

prosecution witnesses.

      Per contra, the application is vehemently opposed by the

Counsel for the State. It is submitted that the applicant has a criminal

history of two cases i.e. one under Sections 452, 354, 323 of IPC and

another under Sections 304-A, 379, 337 of IPC.
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                                 THE HIGH COURT OF MADHYA PRADESH
                                              MCRC No. 22810/2022
                                  (RAMNIWAS Vs THE STATE OF MADHYA PRADESH)



                            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 Bamorkala, District Shivpuri 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.

                            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
2022.05.07

18:04:06 +05'30'