Rajesh Singh vs The State Of Madhya Pradesh
2023 Latest Caselaw 22376 MP

Madhya Pradesh High Court

Rajesh Singh vs The State Of Madhya Pradesh on 26 December, 2023

Author: Gurpal Singh Ahluwalia

Bench: Gurpal Singh Ahluwalia

                                                            1
                                  IN     THE       HIGH COURT OF MADHYA
                                                       PRADESH
                                                     AT JABALPUR
                                                  BEFORE
                               HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
                                             ON THE 26 th OF DECEMBER, 2023
                                           (THROUGH VIDEO CONFERENCING)
                                        MISC. CRIMINAL CASE No. 57491 of 2023

                           BETWEEN:-
                           RAJESH SINGH S/O KAMALBHAN SINGH, AGED
                           ABOUT 45 YEARS, OCCUPATION: DRIVER VILLAGE
                           BAATOLA POLICE STATION SEMARIYA DISTRICT
                           REWA (MADHYA PRADESH)

                                                                                       .....APPLICANT
                           (BY SHRI RAJENDRA PRATAP SINGH - ADVOCATE)

                           AND
                           THE STATE OF MADHYA PRADESH THROUGH
                           POLICE STATION SEMARIYA DISTRICT REWA
                           (MADHYA PRADESH)

                                                                                    .....RESPONDENT
                           (BY SHRI A.S. BAGHEL - GOVERNMENT ADVOCATE)

                                  T h is application coming on for admission this day, t h e court
                           passed the following:
                                                                 ORDER

Case diary is not available.

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

3. Applicant has been arrested on 18.12.2023 in connection with Crime No.548/2023 registered by Police Station Semariya District Rewa for offence punishable under Section 34(2) of M.P. Excise Act.

4. It is submitted by counsel for the applicant that since an elaborate order has been passed by the trial Court, therefore, this application may be heard on the basis of same. It is submitted that according to the prosecution case, 63 bulk liters of liquor has been seized from possession of applicant. The applicant has no criminal history. The trial is likely to take sufficiently long time and there is no possibility of his absconding or tampering with prosecution case.

5. Per contra, the application is vehemently opposed by the counsel for the State. However, it is submitted that in absence of case diary, he is not in a position to make a statement about the criminal history of applicant but submitted that there is no mention of any such criminal

history in the impugned order.

6. Considering the quantity of liquor seized from the possession of applicant, period of detention coupled with the fact that applicant has no criminal history, the application is allowed. It is directed that the applicant shall 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.

7. This order shall remain effective till the end of trial but in case of bail jump, it shall become ineffective.

8. In the light of the judgment passed by the Supreme Court in the c a s e o f 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) V. JUDGE pn