Madhya Pradesh High Court
Balveer vs The State Of Madhya Pradesh on 13 January, 2022
Author: Gurpal Singh Ahluwalia
Bench: Gurpal Singh Ahluwalia
1
THE HIGH COURT OF MADHYA PRADESH
MCRC.1678/2022
Balveer and Anr. v. State of M.P.
Gwalior, Dated: 13.01.2022
Shri Manoj Dwivedi, counsel for the Applicants.
Shri A.K. Nirankari, Counsel for the State.
Case diary is available.
This first application under Section 439 of Cr.P.C. has been
filed for grant of bail.
The applicants have been arrested on 26.12.2021 in connection
with Crime No.310/2021 registered by Police Station Dinara District
Shivpuri for offence punishable under Sections 34 (2) of M.P. Excise
Act.
It is submitted by the counsel for the applicants that according
to the prosecution case, 63 litres of country made liquor has been
seized from the possession of the applicants. The Trial is likely to
take sufficiently long time and there is no possibility of his
absconding or tampering with the prosecution case. It is further
submitted that the applicant has no criminal history.
Per contra, the application is opposed by the counsel for the
respondent/State. However, after going through the police case diary,
it is fairly conceded by the counsel for the State that there is nothing in the diary to indicate the criminal antecedents of the applicants.
Considering the facts and circumstances of the case, without commenting on the merits of the case, the application is allowed. It is 2 THE HIGH COURT OF MADHYA PRADESH MCRC.1678/2022 Balveer and Anr. v. State of M.P. directed that the applicants be released on bail on furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac) each with one surety in the like amount to the satisfaction of the Trial Court/Committal Court to appear before the Court on the dates given by the concerned Court.
This order shall remain effective till the end of trial but in case of bail jump, it shall become ineffective.
In the light of the judgment passed by the Supreme Court in the case of Aparna Bhat and others Vs. State of M.P. Passed on 18.03.2021 in Criminal Appeal No. 329/2021, the intimation regarding grant of bail be sent to the complainant.
Certified copy as per rules.
(G.S. Ahluwalia) Judge ar ABDUR RAHMAN 2022.01.13 15:21:22 +05'30'