Madhya Pradesh High Court
Niran Rja @ Yadav vs The State Of Madhya Pradesh on 25 October, 2023
Author: Dinesh Kumar Paliwal
Bench: Dinesh Kumar Paliwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE DINESH KUMAR PALIWAL
ON THE 25 th OF OCTOBER, 2023
MISC. CRIMINAL CASE No. 46476 of 2023
BETWEEN:-
1. NIRAN RJA @ YADAV S/O GULAM MUSTAFA, AGED ABOUT
22 YEARS, OCCUPATION: LABOR, R/O VILLAGE KHORWA
TOLA, POLICE STATION KAMARJI, DISTRICT SIDHI
(MADHYA PRADESH)
2. PRAMOD KOL S/O SHRI MOHAN KOL, AGED ABOUT 22
Y E A R S , OCCUPATION: LABOUR, R/O VILLAGE
HATWAKHAS, P.S. KAMARJI, DISTRICT SIDHI (MADHYA
PRADESH)
.....APPLICANTS
(BY SHRI S.M. SHUKLA - ADVOCATE)
AND
THE STATE OF MADHYA PRADESH THROUGH THE POLICE
STATION KAMARJI, DISTRICT SIDHI (MADHYA PRADESH)
.....RESPONDENT
(BY SMT. NUPUR DHAMIJA - PANEL LAWYER )
T h is application coming on for admission this day, t h e cou rt passed the
following:
ORDER
This is the first application filed by the applicants under Section 439 of the Cr.P.C. for grant of regular bail relating to F.I.R. No.389/2023 dated 10.09.2023 registered at Police Station Kamarji, District Sidhi for the offence punishable under Section 34(2) of M.P.Excise Act. The applicants are in detention since 10.09.2023.
2. As per the prosecution story, on receiving an information from an informant, police of concerned police station seized 67 bulk liters of illegal liquor from the Signature Not Verified Signed by: ASHISH KOSHTA Signing time: 10/26/2023 3:56:14 PM 2 possession of the applicants. FIR was registered. After investigation, charge sheet has been filed.
3. Learned counsel for the applicants submitted that applicants are in jail since 10.09.2023. They have not committed any crime and nothing has been seized from his possession. They have been falsely implicated. The trial of the case will take considerable time. Therefore, it has been prayed that the applicants may be released on bail pending the trial.
4. On the other hand, learned counsel for the State has opposed grant of bail to the applicants.
5. Having taken into consideration all the facts and circumstances of the case and the fact that trial of the case will take considerable time, I am inclined to release the applicants on bail. Consequently, bail application under Section 439 of the Code of Criminal Procedure for grant of bail filed on behalf of applicants, stands allowed.
6. It is directed that applicants No.1 Niran Rja @ Yadav and No.2 Pramod Kol be released on bail on their furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) each with one solvent surety each in the like amount to the satisfaction of the trial Court, for their regular appearance before the trial Court during trial with a condition that they shall remain present before the concerned Court on all the dates fixed by it during trial. They shall abide by all the conditions enumerated under Section 437(3) of Cr.P.C.
7. This order shall be effective till the end of the trial. However, in case of bail jump and breach of any of the conditions of bail, it shall become ineffective.
Certified copy as per rules.
(DINESH KUMAR PALIWAL) JUDGE Signature Not Verified Signed by: ASHISH KOSHTA Signing time: 10/26/2023 3:56:14 PM 3 ak Signature Not Verified Signed by: ASHISH KOSHTA Signing time: 10/26/2023 3:56:14 PM