Madhya Pradesh High Court
Deepak Chouhan vs The State Of Madhya Pradesh on 22 October, 2021
Author: Anil Verma
Bench: Anil Verma
HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE
M. CR. C. No 48834 / 2021
DEEPAK CHOUHAN Vs. STATE OF MP
M. CR. C. No 45897 / 2021
SANDEEP MALVIYA Vs. STATE OF MP
M. CR. C. No 47543 / 2021
LALAJI NATH Vs. STATE OF MP
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INDORE, Dated : 22/10/2021
Mr. M. S. Chouhan, learned counsel for the applicant -
Deepak Chouhan (M.Cr.C.No48834/2021) and applicant - Lalaji
Nath (M.Cr.C.No. 47543/2021).
Mr. Sanjay Sharma, learned counsel for applicant -
Sandeep Malviya (M.Cr.C.No. 45897/2021).
Ms. Bharti Lakkad, learned PL for the respondent - State.
This order shall also govern disposal of M.Cr.C.Nos. 45897/2021 and 47543/2021.
These first applications under Section 439 of the Code of Criminal Procedure, 1973 filed on behalf of the applicants for grant of bail. The applicants are implicated in connection with Crime No.445/2021 registered at Police Station- Kishanganj, Distt. Indore (MP) for commission of offence punishable under Section 34(2), 49A of the M.P. Excise Act and Sec. 420, 467, 468, 471 and 120B of the Indian Penal Code. The applicants are in custody since 04/07/2021.
As per prosecution story, on 03/07/2021, Police received a secret information from the informer regarding manufacturing of illicit liquor and acting upon the said information police reached at the house of Lakhan Aanjna Patel. After seeing the Police, co- accused Hemant tried to fled away from the spot, but he was caught by the Police persons. The police searched the Scorpio Car bearing registration No. MP13 BA 2733 and recovered two Cans of 30-30 litres liquor, during examination it was found that it is a country made illegal and poisonous liquor. During search of the house of Lakhan Aanjna, seven persons namely; Lakhan; HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE M. CR. C. No 48834 / 2021 DEEPAK CHOUHAN Vs. STATE OF MP M. CR. C. No 45897 / 2021 SANDEEP MALVIYA Vs. STATE OF MP M. CR. C. No 47543 / 2021 LALAJI NATH Vs. STATE OF MP
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Sandeep Malviya; Vikram Verma; Deepak Chouhan; Lalji; Govind @ Banshi and Aman @ Appu have also been caught by the Police. They were not having any valid license for transportation of the said liquor. During investigation it was also found that present applicants and other co-accused persons were manufacturing spurious English liquor by using fake stickers and holograms of the English Liquor Companies and they were manufacturing the said liquor by using spirit and other chemicals. It has also been revealed that accused persons have fraudulently entered into a criminal conspiracy by using branded bottles stickers and holograms of English Liquor and manufacturing liquor which is found to be injurious for human consumption and health. Accordingly, offence has been registered against the present applicants and co-accused persons.
Learned counsel for the applicants submit that the applicants are innocent persons and have been falsely implicated in this case. There is no evidence against them to connect the applicants with the aforementioned offences. Applicants Deepak, Sandeep and Lalji are in custody since 4/7/2021. Nothing has been recovered from their possession. Investigation is over and charge sheet has been filed, therefore, no further custodial interrogation of applicants is required. All the applicants are labourer and permanent resident of District Shajapur. They are sole butter earner of their families. All the articles have been recovered from main accused Hemant Lunia and Lakhan Patel and on the basis of their statements, applicants have been implicated falsely in this offence. FSL report is still awaited.
HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE M. CR. C. No 48834 / 2021 DEEPAK CHOUHAN Vs. STATE OF MP M. CR. C. No 45897 / 2021 SANDEEP MALVIYA Vs. STATE OF MP M. CR. C. No 47543 / 2021 LALAJI NATH Vs. STATE OF MP
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Hence, they pray that the present applicants be released on bail.
Per contra, learned Government Advocate for respondent - State opposes the bail application and prays for its rejection by submitting that applicant - Deepak is having criminal antecedent of one case which is a case u/S. 34 of the M.P. Excise Act registered in the year 2012, but no criminal antecedents have been found against other two applicants.
Heard learned counsel for the parties at length, perused the case diary and other relevant documents.
Considering all the facts and circumstances of the case, nature and gravity of the allegation and also looking to the evidence available on record, in view of the prima facie evidence available on record and criminal antecedent of applicant - Deepak, without commenting upon the merits of the case, at this stage, this Court is of the considered opinion that the applicants does not deserve to be enlarged on bail. Accordingly, all the three applications for grant of bail are hereby dismissed.
This order be retained in M.CR.C.No. 48834/2021 and a copy each be placed in the record of connected case M.Cr.C.No. 45897/2021 and 47543/2021.
Certified copy as per rules.
(ANIL VERMA) JUDGE KR Digitally signed by KAMAL RATHORE Date: 2021.10.23 11:19:48 +05'30'