Madhya Pradesh High Court
Rahul Mandloi vs The State Of Madhya Pradesh on 3 December, 2021
Author: Anil Verma
Bench: Anil Verma
HIGH COURT OF MADHYA PRADESH
1 MCRC No.58877/2021
MCRC No.58877/2021
(Rahul Mandloi Vs. State of M.P.)
Indore, Dated : 3.12.2021
Shri Brij Mohan Vishnoi, learned counsel for the
applicant.
Ms. Geetanjali Chourasia, learned PL for the non-
applicant/State.
Applicant has filed this first bail application under Section
439 of the Code of Criminal Procedure, 1973. He is in Jail since
2.10.2021 in connection with Crime No.579/2021 registered at
P.S. - Kanadia, Indore (M.P.) for commission of offence
punishable under Section 34(2) of the M. P. Excise Act.
As per the prosecution story, total 144 bulk litre of illicit
liquor was seized and the present applicant was found to be in
possession of 72 bulk litres liquor unauthorisedly and illegally
during the search by police. Accordingly, a case has been
registered.
Learned counsel for the applicant submits that applicant
is innocent and he has been falsely implicated in this offence.
He further submits that there is no legal evidence available on
record to connect the applicant with the aforementioned offence
and no further custodial interrogation is required. Applicant is in
jail since 2.10.2021. He is a permanent resident of Indore. Final
conclusion of trial will take considerable long time. Hence, he
prays that applicant be released on bail.
Per-contra, learned PL for respondent/State opposes the
bail application and prays for its rejection by submitting that there are four criminal antecedents against the present applicant, out of which two offences are related to M.P. Excise Act.
Perused the case diary as well as the impugned order of the court below.
Signature Not VerifiedDigitally signed by SAN TRILOK SINGH
SAVNER
Date: 2021.12.04
12:30:42 IST
HIGH COURT OF MADHYA PRADESH
2 MCRC No.58877/2021
Considering all the facts and circumstances of the case, arguments advanced by counsel for the parties, nature and gravity of allegation as also taking note of the fact that the applicant is in jail since 2.10.2021 and final conclusion of trial will take considerable long time, I deem it proper to release the applicant on bail.
Accordingly, without commenting on the merits of the case, the application is allowed. It is directed that the applicant be released on bail upon his furnishing a personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court for his appearance before the trial Court, as and when required. He shall abide by the conditions enumerated u/S. 437(3) Cr.P.C.
Before releasing the applicant from the 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 directions issued by the Hon'ble Apex Court in W.P.No. 01/2020.
C.C. as per rules.
(Anil Verma) Judge trilok/-
Signature Not Verified VerifiedDigitally Digitally signed by SAN TRILOK SINGH SAVNER Date: 2021.12.04 12:30:42 IST