Omprakash Omre vs State Of M.P. on 18 April, 2022

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Madhya Pradesh High Court

Omprakash Omre vs State Of M.P. on 18 April, 2022

Bench: Vivek Agarwal

                                                        1
                                   IN THE HIGH COURT OF MADHYA PRADESH
                                                AT JABALPUR
                                                        BEFORE
                                          HON'BLE SHRI JUSTICE VIVEK AGARWAL
                                                ON THE 18th OF APRIL, 2022

                                     MISC. CRIMINAL CASE No. 16377 of 2022

                              Between:-
                              OMPRAKASH OMRE S/O SHRI MUNNILAL OMRE ,
                              AGED   ABOUT     32   YEARS, OCCUPATION:
                              UNEMPLOYED R/O VILLAGE BHIYATAL, P.S.
                              BAMITHA,  DISTRICT   CHHATARPUR    (M.P.)
                              (MADHYA PRADESH)

                                                                                   .....PETITIONER
                              (BY MS.GAYATRI LADHIYA, ADVOCATE)

                              AND

                              STATE OF M.P. THROUGH POLICE STATION
                              BAMITHA   DISTRICT CHHATARPUR   (M.P.)
                              (MADHYA PRADESH)

                                                                                  .....RESPONDENT
                              (BY SHRI VIJAY SHUKLA, PANEL LAWYER)

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

This is first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 (for brevity "Cr.P.C") for grant of bail to the applicant Omprakash Omre, who is in custody since 20.03.2022 in connection with Crime No.0102/2022 registered at Police Station Bamitha, District Chhatarpur (M.P.) for the offences punishable under Section 34 (2) of M.P. Excise Act.

A s per prosecution case, 63 bulk liters of illicit liquor has been seized from the possession of the applicant.

Learned counsel for the applicant submits that applicant is innocent. He has been falsely implicated in this case. There is no criminal history against the present applicant. Investigation is complete. Charge sheet is Signature Not SAN Verified filed. Trial will take time for its conclusion. Hence, prayer is made to Digitally signed by SARSWATI MEHRA enlarge the applicant on bail.

Date: 2022.04.19 14:46:03 IST 2

Learned Panel Lawyer, on the other hand, opposes the bail application.

After hearing counsel for the parties and considering other facts & circumstances of the case and without commenting anything on merits of the matter, this application is allowed.

It is directed that applicant- Suneel Kushwaha be released on bail on her furnishing a personal bond in sum of Rs.50,000/- (Rupees Fifty Thousand Only) with two solvent sureties of the like amount to the satisfaction of the Trial Court to appear before the Court on the dates given by the concerned Court during pendency of trial. It is further directed that the applicant shall comply with the provisions of Section 437(3) of the Cr.P.C.

This order shall be effective till the end of the trial, however, in case of bail jump and breach of any of the pre-condition of bail, it shall become ineffective.

In view of the outbreak of new mutant Omicron of COVID-19, the jail authorities and the State Government are directed to follow the guidelines issued by the Health Ministry in the wake of Novel Corona Virus before and after releasing the applicant.

Certified copy as per rules.

(VIVEK AGARWAL) JUDGE sm

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