Rajesh vs The State Of Madhya Pradesh
2023 Latest Caselaw 64 MP

                                    1
 IN        THE     HIGH COURT OF MADHYA PRADESH
                         AT GWALIOR
                              BEFORE
           HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                      ON THE 2 nd OF JANUARY, 2023
                 MISC. CRIMINAL CASE No. 61610 of 2022

BETWEEN:-
RAJESH S/O SHRI KHACHERI KUSHWAH, AGED ABOUT
38 YEARS, GRAM BHURISINGH KA PURA MOUJA
GALETHA THASIL JOURA (MADHYA PRADESH)

                                                                  .....APPLICANT
(BY ARVIND SINGH CHAUHAN - ADVOCATE)

AND
THE STATE OF MADHYA PRADESH INCHARGE POLICE
STATION P.S. BAGCHINI (MADHYA PRADESH)

                                                              .....RESPONDENTS
( BY SHRI R.K.AWASTHI - 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 Cr.P.C. has been filed for grant of bail.

The applicant has been arrested on 05.12.2022 in connection with Crime No.135/2020 registered at Police Station Bagchini, District Morena for offence under Section 34(2) of Excise Act.

It is submitted by the counsel for the applicant that according to the prosecution case, a premises was raided and four persons out of five succeeded in running away, whereas one person who disclosed his name as

Surendra Savita was apprehended on the spot and 90.5 bulk liters of country made liquor worth Rs.38,600/- as well as one plastic bottle and cap were seized. The applicant was named by the co-accused under Section 27 of Evidence Act which is not admissible. The applicant has no criminal history and the trial is likely to take sufficiently long time and there is no possibility of his absconding or tampering with the prosecution case. Co-accused Makhan @ Malkhan has been granted bail vide order dated 01.11.2022 passed in M.Cr.C.No.50537/2022. On such premises, present applicant prays for grant of bail.

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

State.

Considering the facts and circumstances of the case, period of detention and 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 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.

The application is allowed.

(DEEPAK KUMAR AGARWAL) JUDGE mani

SUBASRI MANI 2023.01.03 10:52:28

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