Madhya Pradesh High Court
Mukesh Hara vs The State Of Madhya Pradesh on 15 September, 2021
Author: Anil Verma
Bench: Anil Verma
HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE
M.Cr.C. No.43377/2021
(Mukesh Hara Vs. State of M.P.)
-1-
Indore, dated 15/09/2021
Shri Ramesh Chandra Gangare, learned counsel for the
applicant.
Ms. Seema Maheshwari, learned Panel Lawyer for the
respondent / State.
Case-diary perused.
This is first application under Section 439 of Cr.P.C. filed on behalf of the applicant for grant of bail. The applicant is implicated in connection with Crime No.95/2021 registered at Police Station- Chapihera, District-Rajgarh (MP) for offence punishable under Section 34(2) of M.P. Excise Act. The applicant is in custody since 28.07.2021.
02. As per prosecution story, the applicant was found to be in possession of 97 bulk liters of liquor unauthorisedly and illegally. Accordingly, a case has been registered. Investigation is complete and charge sheet has been filed before the trial Court.
03. Learned counsel for the applicant contended that applicant is innocent person and he has been falsely implicated in this offence. The applicant has already suffered jail incarceration since 28/07/2021 and no further custodial interrogation of the applicant is required. Under the above circumstances, prayer for grant of bail may be considered on such terms and conditions, as this Court deems fit and proper.
04. Per contra, learned learned government advocate for respondent - State opposes the bail application and prays for its rejection by submitting that the applicant has one criminal HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE M.Cr.C. No.43377/2021 (Mukesh Hara Vs. State of M.P.) -2- antecedent.
05. Considering the facts and circumstances of the case and also keeping in view the fact that trial will take considerable long time for its final conclusion and the offence is triable by Judicial Magistrate First Class, I deem it proper to release the applicant on bail.
06. Accordingly, without commenting on the merits of the case, the application filed by the applicant is allowed. The applicant is directed to be released on bail upon furnishing a personal bond in the sum of Rs.40,000/- (Rupees Forty Thousand) with one solvent surety of the like amount to the satisfaction of the trial Court for his regular appearance before the trial Court during trial with a condition that he 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.
07. Before releasing the applicant from custody, the jail authorities are directed to medically examine him in order to rule out the possibility of COVID-19 infections and shall comply with the direction given by the Hon'ble Apex Court in Writ Petition No.1/2020.
Certified copy as per rules.
(Anil Verma) Judge N.R. Digitally signed by NARENDRA KUMAR RAIPURIA Date: 2021.09.16 11:46:06 +05'30'