Madhya Pradesh High Court
Arjun @ Anil vs The State Of Madhya Pradesh on 26 April, 2022
Author: Vijay Kumar Shukla
Bench: Vijay Kumar Shukla
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
ON THE 26th OF APRIL, 2022
MISC. CRIMINAL CASE No. 20134 of 2022
Between:-
ARJUN @ ANIL S/O LAKHANLAL UPADHAYAY ,
AGED ABOUT 35 YEARS, OCCUPATION: PRIVATE
JOB R/O RAJGHAT ROAD BARWANI (MADHYA
PRADESH)
...APPLICANT
(BY SHRI HARSHVARDHAN PATHAK-ADVOCATE)
AND
THE STATE OF MADHYA PRADESH STATION
HOUSE OFFICER THROUGH POLICE STATION
KSHIPRA (MADHYA PRADESH)
.....RESPONDENT
(BY SHRI VISHAL SANOTHIA-GOVT.ADVOCATE)
Th is application coming on for orders this day, the court passed the
following:
ORDER
This is second application under Section 439 of the Cr.P.C. filed on behalf of the applicant in connection with Crime No.521/2021 registered at Police Station
- Kshipra, Indore (M.P.) under Section 34(2) of the M.P. Excise Act. The earlier application was dismissed as withdrawn.
As per prosecution case, on the basis of secret information, police laid a trap and found that two persons were loading the liquor from the house in the vehicle bearing No. MP09CH 1844. One person ran from the spot while another co-accused Rajkumar was apprehended and total 1143 bulk liters liquor has been seized from the vehicle and the house. Subsequently offence under section 34(2) of Excise Act has been registered against the owner of house-Rajkumar Patel and the owner of the vehicle bearing registration No. MP09 CH 1844.
Learned counsel for the applicant submits that applicant has falsely been Signature Not VerifiedDigitally signed by implicated in the present crime only on the basis of memorandum of co-accused SAN MUKTA CHANDRASHEKHA Jokhulal under section 27 of the Evidence Act, who has been granted bail today in R KOUSHAL Date: 2022.04.26 17:05:23 IST connected M.Cr.C.No. 16456 of 2022. The applicant is in jail since 22.02.2022.
2Investigation is complete and chargesheet has been filed. Applicant is not required for further custodial interrogation. In these circumstances, the applicant be released on bail.
Counsel for the State opposes the prayer for grant of bail, however he fairly submits that there is no criminal record of the applicant.
Taking into consideration the aforesaid submission coupled with the fact that investigation is complete and chargesheet has been filed, applicant is having no criminal antecedents and he is implicated in the present crime on the basis of memorandum of co-accused, I am of the view that the applicant is entitled for grant of bail. Therefore, without expressing any view on the merits of the case, the application is allowed.
It is directed that Applicant- Arjun shall be released from custody upon furnishing a personal bond of Rs.50,000/- (Rupees Fifty Thousand Only) with one surety of the like amount to the satisfaction of the court below. The applicant shall further abide by all the conditions enumerated under section 437(3) Cr.P.C..
The prison authorities are also requested to ensure compliance with the order passed by the Supreme Court IN RE : CONTAGION OF COVID 19 VIRUS IN PRISONS in SUO MOTU "W.P. (C) No.1/2020" and ensure that the applicant is examined by the jail doctor before his/her release. If the applicant shows symptoms of COVID-19, the doctor shall forthwith direct him/her to be produced before the appropriate hospital designated for the detection and treatment of COVID-19 patients. If the doctor is of the opinion that the applicant is not affected with the virus, the jail authorities shall ensure his/her transportation from the jail till his/her place of residence.
It is further made clear that if it is found that the applicant is involved in any other case after grant of bail, this bail order shall stand cancelled automatically without reference to the Court and the Police will be at liberty to arrest the applicant.
A typed copy of this order is being forwarded to the Office of the Advocate Signature Not VerifiedDigitally signed by SAN MUKTA CHANDRASHEKHA General, on their email address, for intimation to the Police Station concerned. The R KOUSHAL Date: 2022.04.26 17:05:23 IST office is requested to forward a copy of this order to the court below.
3C.c. as per rules.
(VIJAY KUMAR SHUKLA)
JUDGE
MK
Signature Not Verified
VerifiedDigitally
Digitally signed by
SAN MUKTA
CHANDRASHEKHA
R KOUSHAL
Date: 2022.04.26
17:05:23 IST