Golu Kushwah vs The State Of Madhya Pradesh
2022 Latest Caselaw 7329 MP

                                  1
          IN THE HIGH COURT OF MADHYA PRADESH
                        AT GWALIOR
                          BEFORE
       HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
                         ON THE 13 th OF MAY, 2022
                 MISC. CRIMINAL CASE No. 24021 of 2022

         Between:-
         GOLU KUSHWAH S/O SHRI MAHESH
         KUSHWAH,    AGE   20    YEARS,
         OCCUPATION: NOTHING (STUDENT),
         R/O VILLAGE BHADORA, POLICE
         STATION MYANA, DISTRICT GUNA
         (MADHYA PRADESH)

                                             .....APPLICANT
         (BY SHRI ASHISH SINGH JADON- ADVOCATE )

         AND

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

                                             .....RESPONDENT
         (BY SMT. ANJALI GYANANI - PUBLIC PROSECUTOR )
       This application coming on for hearing this day, the court passed the

following:
                                  ORDER

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 4.5.2022 in connection with Crime No.63/2022 registered at Police Station Myana, District Guna for offence under Section 34(2) of Excise Act.

I t is submitted by the Counsel for the applicant that according to the prosecution case, 63 bulk liters of country made liquor has been seized from the possession of the applicant. The applicant is an innocent person and has been falsely implicated. The applicant has no criminal history. It is submitted that the charge sheet has already been filed. 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. However, after going through the police case diary, it is submitted by the counsel for the State that the applicant has no criminal history.

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 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 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 (alok)

ALOK KUMAR 2022.05.13 16:50:53 +05'30'