Vikram Singh vs The State Of Madhya Pradesh
2022 Latest Caselaw 13503 MP

                                    1
             IN THE HIGH COURT OF MADHYA PRADESH
                          AT GWALIOR
                                BEFORE
             HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
                         ON THE 13th OF OCTOBER, 2022

               MISC. CRIMINAL CASE No. 47133 of 2022

        BETWEEN:-
        VIKRAM SINGH S/O BHEEM SINGH, AGED
        ABOUT 40 YEARS, OCCUPATION: MAJDOORI
        R/O HAMEERPUR THANA CIVIL LINE DATIA
        DISTRICT DATIA (MADHYA PRADESH)

                                                                    .....APPLICANT
        (BY SHRI GIRDHAR GOPAL SHIVHARE- ADVOCATE FOR THE
        APPLICANT )

        AND
        THE STATE OF MADHYA PRADESH THROUGH
        POLICE THANA LAUNCH DISTRICT DATIA
        (MADHYA PRADESH)

                                                                .....RESPONDENTS
        (SHRI C.P. SINGH- PANEL LAWYER FOR THE STATE )

      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 CrPC has been filed for grant of bail. The first application of the applicant was dismissed by order dated 16.08.2022 passed in MCRC No.37276/2022.

The applicant has been arrested on 18.07.2022 in connection with Crime No.113/2021 registered at Police Station Launch, District Datia for offence under Section 34(2) of M.P. Excise Act.

It is submitted by the counsel for the applicant that he is in jail for the last

three months. The allegation of recovery of 200 bulk litres of liquor is false. It is true that the applicant has a criminal history and five more criminal cases were registered against him, but in some of the cases he has been acquitted, although on the ground that all the witnesses had turned hostile. The trial is likely to take sufficiently long time and there is no possibility of his absconding or tampering with prosecution case. It is further submitted that in view of the huge quantity of liquor as well as his previous criminal antecedents, he is ready and willing to abide by any stringent condition which may be imposed by the Court including that of furnishing cash surety of 2 lacs.

Per contra, the application is vehemently opposed by the counsel for the

State. It is submitted that the applicant has a criminal history and five more criminal cases were registered including four cases of similar nature.

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.2,00,000/- (Rupees Two Lacs) 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.

C.C. as per rules.

ABHISHEK CHATURVEDI 2022.10.13 18:12:59 (G.S. AHLUWALIA) +05'30' JUDGE Avi