Bhagchand @ Bhaggi Rajak vs The State Of Madhya Pradesh
2023 Latest Caselaw 22379 MP

Madhya Pradesh High Court

Bhagchand @ Bhaggi Rajak 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. 57252 of 2023

                           BETWEEN:-
                           BHAGCHAND @ BHAGGI RAJAK S/O ANNILAL
                           RAJAK, AGED ABOUT 33 YEARS, OCCUPATION:
                           AGRICULTURIST R/O VILLAGE GHANORA P.S.
                           SAIKHEDA TEHSIL GADARWARA DISTRICT
                           NARSINGHPUR (MADHYA PRADESH)

                                                                                       .....APPLICANT
                           (NONE)

                           AND
                           STATE OF MADHYA PRADESH THROUGH POLICE
                           S TATION SAIKHEDA DISTRICT NARSINGHPUR
                           (MADHYA PRADESH)

                                                                                    .....RESPONDENT
                           (BY SHRI AMIT PANDEY - PANEL LAWYER)

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

                           the following:
                                                                 ORDER

Case diary is not available.

2. The application is being decided on the basis of facts mentioned in the rejection order.

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

4. Applicant has been arrested on 28.11.2023 in connection with C r ime No.339/2023 registered by Police Station Saikheda, District Narsinghpur for offence punishable under Section 34(2) of M.P. Excise Act.

5. According to the prosecution case, 63 bulk liters of english liquor has been seized from the possession of the applicant.

6. As per the rejection order, the applicant has criminal history and as many as 11 cases have been registered against him out of which 1 offence under Section 34(2) of M.P. Excise Act, 1 offence under Section 8/21 of NDPS Act and three prcoeedings under Sections 151, 110, 107, 116(3) of Cr.P.C. have been registered apart from other offences under

Penal Code, Gambling Act and Arms Act. The applicant is in jail since 28.11.2023.

7. Accordingly, this Court is of considered opinion that his application can be considered sympathetically by imposing stringent condition.

8. 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.

9. It is directed that applicant shall appear before the S.H.O. Police

Station Saikheda, District Narsinghpur on 1 s t or 15 th of every month till conclusion of trial.

10. This order shall remain effective till the end of trial but in case of

bail jump, it shall become ineffective.

11. 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.

12. The application succeeds and is allowed.

(G.S. AHLUWALIA) V. JUDGE vc