Madhya Pradesh High Court
Rajendra Jaiswal @ Supari vs The State Of Madhya Pradesh on 5 February, 2025
NEUTRAL CITATION NO. 2025:MPHC-IND:2945
1 MCRC-4844-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE BINOD KUMAR DWIVEDI
ON THE 5 th OF FEBRUARY, 2025
MISC. CRIMINAL CASE No. 4844 of 2025
RAJENDRA JAISWAL @ SUPARI
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Applicant by Ms. Pragya Jaiswal - Advocate on behalf of Mr. Aditya
Choudhary - Advocate.
Respondent - State of Madhya Pradesh by Mr. Kshitij Vyas - Government
Advocate appearing on behalf of Advocate General.
ORDER
This first bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 = Section 439 of Code of Criminal Procedure, 1973 has been filed for grant of regular bail by applicant Ravindra Jaiswal @ Supari S/o Badrilal for grant of regular bail, who has been arrested on 10.01.2025 in connection with Crime No.481 of 2021 registered at Police Station Manpur, Tehsil Mhow, District Indore (M.P.) for commission of offences under Sections 34 (2) and 46 of Madhya Pradesh Excise Act, 1915.
2. As per prosecution case, a quantity of 360 bulk litre of illicit liquor was seized from co-accused persons Shriram S/o Jagdish and Santosh S/o Kisham Jamre on 21.12.2021 and the applicant has been implicated in the present on the basis of disclosure statement of the co-accused persons. Hence, a case has been registered against him.
3. Learned counsel for the applicant submits that the applicant is innocent Signature Not Verified Signed by: RAMESH CHANDRA PITHAWE Signing time: 05-02-2025 17:50:07 NEUTRAL CITATION NO. 2025:MPHC-IND:2945 2 MCRC-4844-2025 and has falsely been implicated in the case merely on the basis of disclosure statement of co-accused persons. He has not committed any offence. It is submitted that the applicant has been arrested on 10.01.2025. The investigation is complete and charge sheet has already been filed. The trial will take time, therefore, learned counsel prays for releasing the applicant on bail by allowing this application.
4. Per contra, learned counsel for the respondent / State has vehemently opposed the prayer on the ground that four criminal cases [(1) Crime No.330/09.10.2014 under Sections 34 (2), 36 and 46 of MP Excise Act, 1915; (2) Crime No.257/12.09.2019 under Sections 147, 148, 149, 294, 323, 332, 353, 394 and 120-B of IPC; (3) Crime No.305/01.12.2019 under Sections 420, 467 and 468 of IPC and also under Section 34 (2) of MP Excise Act, 1915; and (4) Crime No.602/27.10.2021 under Section 34 (2) of MP Excise Act, 1915] have been registered against applicant prior to the date of incident, therefore, prays for dismissal of the bail application.
5. Heard learned counsel for the parties with the aid of case diary.
6. In the aforesaid factual backdrop and looking to the fact that trial will take time and except disclosure statement of co-accused persons there is nothing on record to connect the applicant with the aforesaid offence, charge sheet has been filed, this Court is inclined to grant bail to the applicant. Thus, without commenting on merits of the matter, the bail application is allowed.
7. Accordingly, it is directed that the applicant be released on bail upon his furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with separate one solvent surety in the like amount to the satisfaction of the trial Court, for his regular appearance before the concerned Court on all the dates fixed Signature Not Verified Signed by: RAMESH CHANDRA PITHAWE Signing time: 05-02-2025 17:50:07 NEUTRAL CITATION NO. 2025:MPHC-IND:2945 3 MCRC-4844-2025 by the said Court, without any default, during trial. The applicant will not indulge in criminal activities. He will not tamper with the evidence. He will appear before the trial Court. If it is found that any breach of conditions of bail has been committed, then the State will have a liberty to move an appropriate application for recall of this order. The applicant will abide by the conditions enumerated under Section 480 (3) of BNSS = 437 (3) of Code. Applicant will mark his attendance in every fortnight (fifteen days) before the Station House Officer of the concerned Police Station on Monday of the month between 10:00 A.M. to 12:30 P.M. till conclusion of the trial.
8. This order shall be effective till the end of the trial, however, in case of bail jump and / or breach of any of the conditions of bail, it shall become ineffective.
9. Accordingly, this M.Cr.C. stands allowed and disposed off. Pending interlocutory application, if any, stands disposed off. Certified copy, as per rules.
(BINOD KUMAR DWIVEDI) JUDGE rcp Signature Not Verified Signed by: RAMESH CHANDRA PITHAWE Signing time: 05-02-2025 17:50:07