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Madhya Pradesh High Court

Jayant Rai vs The State Of Madhya Pradesh on 1 November, 2023

Author: Vishal Dhagat

Bench: Vishal Dhagat

                                                              1
                           IN     THE       HIGH COURT OF MADHYA PRADESH
                                                 AT JABALPUR
                                                       BEFORE
                                         HON'BLE SHRI JUSTICE VISHAL DHAGAT
                                              ON THE 1 st OF NOVEMBER, 2023
                                          MISC. CRIMINAL CASE No. 49077 of 2023

                          BETWEEN:-
                          JAYANT RAI S/O ASHOK RAI, AGED ABOUT 32 YEARS,
                          OCCUPATION: LABOUR R/O GHAMAPUR, TULSI
                          MOHALLA, NEAR BAI KA BAGICHA, JABALPUR
                          (MADHYA PRADESH)

                                                                                             .....APPLICANT
                          (BY SHRI JAI KUMAR BHAWSAR - ADVOCATE)

                          AND
                          THE STATE OF MADHYA PRADESH THROUGH POLICE
                          STATION BELBAG DISTRICT JABALPUR (MADHYA
                          PRADESH)

                                                                                          .....RESPONDENT
                          (BY SHRI K.S. BAGHEL - GOVERNMENT ADVOCATE)

                                 This application coming on for admission this day, the court passed the
                          following:
                                                               ORDER

This is the first application filed by the applicant under Section 439 of the Code of Criminal Procedure for grant of regular bail, who is in jail since 12.10.2023 relating to FIR No.516/2023 registered at Police Station Belbagh District Jabalpur (M.P.) for the offences under section 34(2) of the M.P. Excise Act.

2. Learned counsel appearing for the applicant submitted that applicant is innocent and has falsely been implicated in the case. He is jail since 12.10.2023. Hence, he may be granted bail.

Signature Not Verified Signed by: PANKAJ NAGLE Signing time: 11/2/2023 2:59:18 PM 2

3. Learned Government Advocate appearing for the State opposed the application for grant of bail and submitted that as many as seven criminal cases were registered against the applicant. After being released on bail, applicant is being involved in committing offence. If he released on bail, he may again indulge in committing of offence.

4. Heard the counsel for the parties.

5. Considering aforesaid facts and circumstances of the case, in view of this Court, it is not a fit case for grant of bail. Accordingly, bail application is dismissed.

6. Applicant is at liberty to file repeat bail application after examination of independent seizure witnesses.

(VISHAL DHAGAT) JUDGE pn Signature Not Verified Signed by: PANKAJ NAGLE Signing time: 11/2/2023 2:59:18 PM