Madhya Pradesh High Court
Dheeraj vs The State Of Madhya Pradesh on 3 November, 2017
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DHEERAJ VS. STATE OF M.P.
M. CR. C. No. 17513 / 2017
INDORE, Dated : 03/11/2017
Mr. M I Ansari, learned counsel for the applicant.
Ms. Swati Ukhale, learned counsel for the
respondent State.
This application u/S. 439 of the Code of Criminal Procedure, 1973 is filed by the applicant Dheeraj who is in custody since 26/9/2017 in connection with Crime No.210/2017 registered at P.S. Pati, Distt. Barwani for commission of offence punishable u/S. 34(2) of the MP Excise Act.
Learned counsel for the applicant has argued before this Court that there is no past criminal track record of the applicant and he has been implicated falsely and the investigation is already over in the matter. It has been further stated that the applicant has been implicated in the crime at the behest of the Excise Contractor.
Learned counsel for the respondent - State has has read out the statements available in the case diary. She has vehemently opposed the prayer for grant of bail. Her contention is that as per seizure memo as 187 litres of alcohol was recovered, the question of grant of bail does not arise.
This Court has carefully gone through the statement
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DHEERAJ VS. STATE OF M.P. available in the case diary and is of the considered opinion that the present application deserves to be allowed and is accordingly hereby allowed.
Applicant Dheeraj is directed to be released on bail on his furnishing personal bond of Rs.1.00 lac (Rs. One lac) with one surety in the like amount to the satisfaction of the trial Court for his appearance before the said Court on the dates fixed in this behalf.
Certified Copy, as per Rules.
(S. C. SHARMA) JUDGE KR Kamal Rathor 2017.11.09 11:33:17 -08'00'