Mithlesh Kumar Yadav vs The State Of Madhya Pradesh
2022 Latest Caselaw 7323 MP

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            IN THE HIGH COURT OF MADHYA PRADESH
                         AT GWALIOR

                                      BEFORE

     HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA

                         ON THE 13th OF MAY, 2022

      MISCELLANEOUS CRIMINAL CASE No.22899 of 2022

       Between:-

       MITHLESH KUMAR YADAV S/O
       SHRI HOM SINGH, AGE : 55 YEARS,
       OCCUPATION : AGRICULTURIST,
       R/O NIVSAI, POLICE STATION
       RAUN, DISTRICT BHIND (MADHYA
       PRADESH)
                                                                ........APPLICANT

       (BY SHRI MANOJ DWIVEDI - ADVOCATE)

       AND

       STATE OF MADHYA PRADESH
       THROUGH     POLICE    STATION
       RAUN, DISTRICT BHIND (MADHYA
       PRADESH)

                                                             ........RESPONDENT

        (BY MS. KALPANA PARMAR - ADVOCATE)
----------------------------------------------------------------------------------------

       This application coming on for hearing this day, the Court passed

the following:
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                                  ORDER

Case diary is available.

This second application under Section 439 of Cr.P.C. has been filed for grant of bail.

The applicant has been arrested on 31.03.2022 in connection with Crime No.60/2022 registered at Police Station - Raun, District Bhind for offence under Section 34(2) of M.P. Excise Act.

It is submitted by the counsel for the applicant that according to the prosecution case, 81 liters of country made liquor was seized from the possession of the applicant. In view of the fact that the applicant has history of two other cases of similar in nature, in which he has already been convicted, he is ready and willing to abide by any stringent condition, which may be imposed by the Court and he is in jail for the last one and half months. The trial is likely to take sufficiently long time and there is no possibility of his absconding or tampering with the prosecution case. It is further submitted that previous application of the applicant was dismissed by order dated 13.04.2022 passed in M.Cr.C. No.18611/2022 with liberty to revive the prayer for grant of bail after undergoing some reasonable period of detention.

Per contra, the application is vehemently opposed by the counsel for the State. It is submitted that the applicant has a criminal history and two cases of similar in nature have been registered against the applicant.

Considering the facts and circumstances of the case, 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.1,00,000/- (Rupees One Lac) 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.

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.

CC as per rules.

(G.S. AHLUWALIA) JUDGE Abhi ABHISHEK CHATURVEDI 2022.05.13 17:55:33 +05'30'