Madhya Pradesh High Court
Sagar Choudhary vs The State Of Madhya Pradesh on 22 June, 2018
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.18832/2018
Jabalpur
Dated: 22-06-2018
Shri Manish Tiwari, learned counsel for the applicant.
Shri D.K. Paroha, learned Government Advocate for the
respondent/State.
Heard.
This is the first application under Section 439 of the Cr.P.C. filed on behalf of the applicant in connection with Crime No.76/2018 registered at Police Station Gohalpur, Dis- trict Jabalpur (M.P.) under Section 34(2) of the M.P. Excise Act, 1915. The applicant is in jail since 10.02.2018.
According to the prosecution, 54.900 bulk Milliliters of illicit liquor has been seized from the house of the present ap- plicant.
Learned counsel for the applicant has submitted that ap- plicant is a young boy of 18 years of age and has falsely been implicated in the offence. He further submits that the charge- sheet has already been filed and he prays for grant of bail to the applicant.
On the other hand, learned Government Advocate for the respondent/State has opposed the bail application on the ground that there are as many as 4 cases have also been regis- tered against the present applicant under Section 379 of IPC.
After hearing learned counsel for the parties and looking to the fact that this is the first offence of the applicant under Section 34(2) of the M.P. Excise Act, 1915, and is already in jail since around 4 months, in the considered opinion of this Court, application deserves to be allowed.
Looking to the facts and circumstances and without com- menting on the merits of the case, application is allowed and the applicant-Sagar Choudhary is directed to be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the concerned C.J.M/trial Court.
Certified Copy as per rules.
(Subodh Abhyankar) Judge sjk Digitally signed by SHARANJEET KAUR JASSAL Date: 2018.06.23 12:07:49 +05'30'