Rahul Soni vs The State Of Madhya Pradesh
2023 Latest Caselaw 17224 MP

                                                              1
                            IN     THE        HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                      BEFORE
                                       HON'BLE SMT. JUSTICE ANURADHA SHUKLA
                                               ON THE 16 th OF OCTOBER, 2023
                                            MISC. CRIMINAL CASE No. 45162 of 2023

                           BETWEEN:-
                           RAHUL SONI S/O LATE SHRI VIJAY SONI, AGED ABOUT
                           36  YEARS, OCCUPATION: LABOUR R/O BAJARIYA
                           M O H A L L A RAJNAGAR  DISTRICT CHHATARPUR
                           (MADHYA PRADESH)

                                                                                            .....APPLICANT
                           (BY SHRI A.K. SAXENA - ADVOCATE)

                           AND
                           THE STATE OF MADHYA PRADESH THROUGH POLICE
                           S T A T I O N KHAJURAHO DISTRICT CHHATARPUR
                           (MADHYA PRADESH)

                                                                                         .....RESPONDENTS
                           (BY MS. SHIKHA BAGHEL - PANEL LAWYER)

                                 This application coming on for .admission this day, th e court passed
                           the following:
                                                               ORDER

This i s first application under Section 439 of the Code of Criminal Procedure for grant of bail filed on behalf of the applicant who has been arrested relating to FIR/Crime No.251/2023 dated 22.9.2023 registered at Police Station Khajuraoh, district Chhatarpur, for offence punishable under Section 34(2) of the M.P. Excise Act.

Learned counsel for the applicant submits that the applicant is in custody since 22.9.2023. The applicant is innocent and has falsely been implicated in the case. The applicant is a permanent resident of district. The applicant is ready to Signature Not Verified Signed by: MOHD IRFAN SIDDIQUI Signing time: 18-10-2023 15:09:32

furnish adequate surety and shall abide by all the conditions to be imposed by the Court. Trial will take considerable time to be concluded. Upon these grounds, it is prayed that the applicant be released on bail.

O n the other hand, learned counsel for the State opposes the bail application.

Heard learned counsel for the parties and perused the case-diary. In this case, 75.600 bulk liters of illicit liquor has been seized from possession of the applicant.

It is informed by the State that two cases were earlier registered against the applicant. One under the provision of IPC and another under Section 34 of

M.P. Excise Act but it has been claimed by the applicant that he has been acquitted in that other case of M.P. Excise Act and for this he has filed the photocopy of the judgment.

Having considered the aforesaid facts, this Court deems it fit to release the applicant on bail, therefore, without commenting on the merits of the case, this application is allowed.

It is directed that the applicant shall be released on bail upon his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the trial Court concerned for his appearance before the said Court on all such dates as may be fixed in this regard during pendency of the trial.

It is further directed that the applicant shall comply with the provisions of Section 437(3) of Cr.P.C.

Accordingly, this M.Cr.C. stands allowed and disposed of.

Signature Not Verified Signed by: MOHD IRFAN SIDDIQUI Signing time: 18-10-2023 15:09:32

(ANURADHA SHUKLA) JUDGE irfan

Signature Not Verified Signed by: MOHD IRFAN SIDDIQUI Signing time: 18-10-2023 15:09:32