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Madhya Pradesh High Court

Hansraj Singh Gaharwar vs The State Of Madhya Pradesh on 6 October, 2023

Author: Anuradha Shukla

Bench: Anuradha Shukla

                                   1
 IN     THE       HIGH COURT OF MADHYA PRADESH
                       AT JABALPUR
                            BEFORE
             HON'BLE SMT. JUSTICE ANURADHA SHUKLA
                     ON THE 6 th OF OCTOBER, 2023
               MISC. CRIMINAL CASE No. 43299 of 2023

BETWEEN:-
HANSRAJ SINGH GAHARWAR S/O RAMESH SINGH
GAHARWAR, AGED ABOUT 29 YEARS, OCCUPATION:
FARMING R/O VILLAGE GHOGHI THANA MAJHAULI
DISTRICT SIDHI (MADHYA PRADESH)

                                                                 .....APPLICANT
(BY SHRI MANISH AWASTHI - ADVOCATE)

AND
THE STATE OF MADHYA PRADESH THROUGH POLICE
STATION MAJHAULI DISTRICT SIDHI (MADHYA
PRADESH)

                                                               .....RESPONDENT
(BY SHRI RAGHUVAR PRAJAPATI - PANEL LAWYER)

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

This is first application under Section 439 of the Code of Criminal Procedure 1973 for grant of bail filed on behalf of the applicant who has been arrested relating to FIR/Crime No.964/2023 dated 29.8.2023 registered at Police Station Majhauli, district Sidhi, for an offence punishable under Section 34(2) of the M.P. Excise Act, 1915.

Learned counsel for the applicant submits that the applicant is in judicial custody since 29.08.2023 and the trial will take considerable time to conclude. He further submits that the applicant is innocent and has falsely been implicated 2 in the case. The applicant is a permanent resident of district Sidhi and is ready to furnish adequate surety and shall abide by all the conditions to be imposed by the Court. Upon these grounds, it is prayed that the applicant be released on bail.

Learned counsel for the State opposes the bail application. Heard learned counsel for the parties and perused the case diary. In this case, 75.240 bulk litres of illicit liquor was seized from the possession of applicant.

The bail application has been opposed by learned counsel for the State on the ground that the applicant has eight other criminal cases registered against him but the record shows that this is the first case registered against him under the M.P. Excise Act.

Having considered the aforesaid facts, this Court deems it fit to release the applicant on bail, therefore, without commenting on the merits of the case, this application is allowed.

It is directed that the applicant shall be released on bail upon 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 trial Court concerned for his appearance before the said Court on all such dates as may be fixed in this regard during pendency of the trial.

It is further directed that the applicant shall comply with the provisions of Section 437(3) of Cr.P.C.

Accordingly, this M.Cr.C. stands allowed and disposed of.

SHRIVASTAVA                                                                   JUDGE
Date: 2023.10.07 14:27:49 +05'30'
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