Bhupat vs The State Of Madhya Pradesh
2022 Latest Caselaw 13769 MP

                                                              1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT GWALIOR
                                                           BEFORE
                                        HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
                                                   ON THE 18th OF OCTOBER, 2022

                                  MISCELLANEOUS CRIMINAL CASE No. 47504 of 2022

                                   BETWEEN:-
                                   BHUPAT S/O BHAGWAN SINGH, AGE- 31 YEARS,
                                   R/O VILLAGE KUCHOLI, TEHSIL TYONDA
                                   DISTRICT VIDISHA (MADHYA PRADESH)

                                                                                             .....APPLICANT
                                   (BY SHRI DEVANSH MISHRA- ADVOCATE)

                                   AND
                                   STATE OF MADHYA PRADESH THROUGH
                                   POLICE STATION TYONDA, DISTRICT- VIDISHA
                                   (MADHYA PRADESH)

                                                                                          .....RESPONDENT
                                   (BY SMT. KALPANA PARMAR- PANEL LAWYER)

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

Case diary is available.

This second repeat application filed under Section 439 of Cr.P.C. for

grant of bail. First bail application of the applicant was allowed by order dated 31/03/2021 passed in MCRC No.16164/2021.

The applicant has been arrested on 23/09/2022 in connection with Crime No.60/2021 registered by Police Station Tyonda, District Vidisha for offence punishable under Section 49(A) of Excise Act.

This repeat bail application filed for grant of bail. The applicant is facing trial for offence under Section 49-A of M.P.Excise Act. Earlier the applicant

Signature Not Verified Signed by: PRINCEE BARAIYA Signing time: 18-10-2022 05:57:29 PM

was granted bail by order dated 31/03/2021 passed in MCRC No.16164/2021 with a stipulation that in case if the FSL report is received, if it is found that the liquor seized from the possession of the applicant is unfit for human consumption, then this order shall automatically loose its effect.

It is submitted by the counsel for the applicant that according to the prosecution case, 5 liters of country made liquor was seized and the FSL report was filed before the Trial Court on 26/08/2022 and on the very same day arrest warrants were issued and the case was fixed for 23/09/2022. However, it is submitted that 26/08/2022 was not the date for appearance and it is clear from the order dated 28/05/2022 that the case was fixed for recording of evidence

on 23/09/2022 and the proceedings dated 26/08/2022 were interlocutory in nature and the applicant was not required to appear on the said date. However, it is submitted that the applicant surrendered/arrested on 23/09/2022, thus, there is nothing on record to show that after the FSL report was filed, he ever abscond. 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, but she fairly conceded that the applicant was arrested/surrendered immediately on the date which was fixed for recording of evidence.

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) 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 Signature Not Verified Signed by: PRINCEE BARAIYA Signing time: 18-10-2022 05:57:29 PM

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/-

Signature Not Verified Signed by: PRINCEE BARAIYA Signing time: 18-10-2022 05:57:29 PM