Rajesh Singh Rajawat vs The State Of Madhya Pradesh
2022 Latest Caselaw 7233 MP

                                 1
         IN THE HIGH COURT OF MADHYA PRADESH
                      AT GWALIOR
                            BEFORE
         HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
                        ON THE 12th OF MAY, 2022

    MISCELLANEOUS CRIMINAL CASE No. 23227 of 2022

       Between:-
       RAJESH SINGH RAJAWAT S/O BHURE
       SINGH RAJAWAT, AGE 55 YEARS,
       OCCUPATION: BUSINESS, R/O BEEMA
       SCHOOL KE PAAS GOSPURA NO 1 HAZIRA,
       DISTRICT GWALIOR (MADHYA PRADESH)

                                                         .....APPLICANT
       (BY SHRI AWADHESH SINGH BHADAURIYA WITH SHRI
       UMENDRA SINGH - ADVOCATES)

       AND

       THE STATE OF MADHYA PRADESH
       THROUGH POLICE STATION GWALIOR,
       DISTRICT GWALIOR (MADHYA PRADESH)

                                                       .....RESPONDENT
       (BY SMT. ANJALI GYANANI )

      This application coming on for hearing this day, the court passed
the following:
                                 ORDER

Case diary is available.

This second repeat application under Section 439 of Cr.P.C. has been filed for grant of bail. First bail application of the applicant was dismissed as withdrawn by order dated 18/04/2022 passed in MCRC No.18560/2022.

The applicant has been arrested on 16/03/2022 in connection with Crime No.116/2022 registered at Police Station Gwalior, District Gwalior

for offence under Sections 34(2) of M.P. Excise Act.

It is submitted by the counsel for the applicant that according to the prosecution case, 99 bulk liters of English liquor of different makes worth Rs.2,50,000/- has been seized from the house of the applicant. The applicant is in jail for the last approximately two months. Out of four criminal cases, which have been lodged against him, he has already been acquitted in three cases. None of the case was registered for heinous offence. 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

four more criminal cases have been registered against him. However, she fairly conceded that as per the criminal history sent by the concerning police station, the applicant has already been acquitted in three criminal cases.

Considering the period of detention 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) 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 Pj'S/-

Digitally signed by PRINCEE BARAIYA Date: 2022.05.12 16:07:57 -07'00'