Ajay vs The State Of Madhya Pradesh
2023 Latest Caselaw 18048 MP

                                                             1
                            IN     THE      HIGH COURT OF MADHYA PRADESH
                                                  AT INDORE
                                                        BEFORE
                                        HON'BLE SHRI JUSTICE SUBODH ABHYANKAR
                                              ON THE 30 th OF OCTOBER, 2023
                                          MISC. CRIMINAL CASE No. 46586 of 2023

                           BETWEEN:-
                           AJAY S/O NANDIYA, AGED ABOUT 35 YEARS,
                           OCCUPATION: AGRICULTURE R/O VILALGE JUNAPANI
                           TEHSIL PETLAWAD DISTT. JHABUA (MADHYA
                           PRADESH)

                                                                                           .....APPLICANT
                           (BY SHRI VIVEK SINGH, ADVOCATE)

                           AND
                           THE STATE OF MADHYA PRADESH STATION HOUSE
                           OFFICER THROUGH POLICE STATION RAIPURIYA DIST.
                           JHABUA (MADHYA PRADESH)

                                                                                       .....RESPONDENTS
                           (BY SHRI A.S. PARIHAR, PANEL LAWYER)

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

They are heard. Perused the case diary/challan papers. This is first bail application filed by the applicant under Section 439 of Cr.P.C. as he is implicated in connection with Crime No.201/2023 registered at Police Station Raipuriya, District Jhabua (MP) for offence punishable under Section 34(2), 46 of the Madhya Pradesh Excise Act, 1915. The applicant is in custody since 29/09/2023.

As per prosecution story, the applicant was also involved in the aforesaid case wherein 60.74 bulk liters of liquor has been seized from the possession of Signature Not Verified Signed by: VARSHA SINGH Signing time: 10/31/2023 6:45:07 PM

co-accused Rahul.

Counsel for the applicant has submitted that the applicant has no role play in the aforesaid offence and the prosecution's case is that the house from which the liquor has been seized belong to the present applicant. However, there is nothing on record to suggest that the house belongs to the present applicant. So far as the criminal antecedents of the applicant are concerned, applicant has three criminal pasts. In one case registered under Section 34(2) of M.P. Excise Act applicant has already been acquitted vide judgment dated 24.07.2019. Whereas, in another case registered under section 34(1) of the M.P. Excise Act, he has been let off by payment of fine of Rs.1,000/- and in third

case which was registered under Sections 294, 323, 506 & 34 of IPC, he has already been acquitted. The applicant is in jail since 29/09/2023. It is further submitted that the final conclusion of the trial is likely to take sufficient long time, therefore, it is prayed that the application be allowed and the applicant be released on bail.

Counsel for the respondent/State, on the other hand, has opposed the prayer and it is submitted that applicant has criminal past and three other cases have been registered against him, so he should not be released on bail.

Having considered the rival submissions and on perusal of the case diary, this Court finds force with the contentions of the counsel for the applicant and further taking note of the fact that the final conclusion of the trial is likely to take sufficient long time, without reflecting anything on the merits of the case, the application filed by under Section 439 of Cr.P.C. on behalf of the applicant is hereby allowed.

The applicant is directed to be released on bail upon furnishing a personal bond in the sum of Rs.50,000/- (rupees fifty thousand) with one Signature Not Verified Signed by: VARSHA SINGH Signing time: 10/31/2023 6:45:07 PM

solvent surety of the like amount to the satisfaction of the trial Court for his/her regular appearance before the trial Court during trial with a condition that he / she shall remain present before the court concerned during trial and shall also abide by the conditions enumerated under Section 437 (3) Criminal Procedure Code, 1973.

Certified copy as per rules.

(SUBODH ABHYANKAR) JUDGE VS

Signature Not Verified Signed by: VARSHA SINGH Signing time: 10/31/2023 6:45:07 PM