Madhya Pradesh High Court
Ravi vs The State Of Madhya Pradesh on 21 November, 2023
Author: Prakash Chandra Gupta
Bench: Prakash Chandra Gupta
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE PRAKASH CHANDRA GUPTA
ON THE 21 st OF NOVEMBER, 2023
MISC. CRIMINAL CASE No. 46542 of 2023
BETWEEN:-
RAVI S/O BHERU @ BEHARLA, AGED ABOUT 23 YEARS,
OCCUPATION: DRIVER R/O VILLAGE AAWASIYA
FALIYA BADA BHAVTA CHANDRASHEKHAR AZAD
NAGAR TEHSIL BHABRA DISTT. ALIRAJPUR (MADHYA
PRADESH)
.....APPLICANT
(SHRI ADITYA SINGH TOMAR, LEARNED COUNSEL FOR THE
APPLICANT)
AND
THE STATE OF MADHYA PRADESH STATION HOUSE
OFFICER THROUGH POLICE STATION NOGAON
DISTT.DHAR (MADHYA PRADESH)
.....RESPONDENTS
(SHRI PRASHANT JAIN, LEARNED GOVT.ADVOCATE FOR THE
RESPONDENT/STATE)
This application coming on for orders this day, th e court passed the
following:
ORDER
Heard with the aid of case diary.
This is first bail application filed under Section 439 of Cr.P.C. for grant of bail to the applicant/accused, relating to FIR/Crime No.407/2023 dated (not mentioned) registered at Police Station - Nogaon, District Dhar (M.P.) for commission of offence punishable under Sections 34(2) of M.P. Excise Act.
2. Prosecution story, in brief, is that on 19.9.2023 the Police had seized 2073.600 bulk litres of illicit liquor from sleeper bus bearing registration No.GJ-
Signature Not Verified Signed by: SHAILESH PATIL Signing time: 22-11-2023 10:06:43 201-CU-4444. It was found that the aforesaid liquor was of the present applicant.
3. Learned counsel for the applicant submits that applicant has not committed the offence and he has falsely been implicated in the case. No liquor was seized from possession of the present applicant. The offence is exclusively triable by Judicial Magistrate First Class. The applicant is in custody since 19.9.2023. After completion of investigation, charge sheet has been filed. The applicant has no criminal antecedents. Conclusion of trial will take sufficient long time for its disposal therefore, prayer is made for grant of bail to the applicant.
4 . Learned Govt. Advocate for the State has opposed the prayer and prayed for rejection of this application.
5 . Having considered the submissions advanced from counsel for the parties, also considering the facts and circumstances, without commenting on the merits of the case, this Court is of the view that applicant deserves to be enlarged on bail. Hence, the application is allowed.
6. It is directed that the applicant - Ravi be released on bail upon his furnishing 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 concerned trial Court for his appearance before the trial Court on all such dates as may be fixed in this behalf by the trial Court during pendency of the trial. It is further directed that applicant shall comply with the provisions of Section 437(3) of Criminal Procedure Code, 1973.
7. M.Cr.C. stands disposed of, accordingly.
C.c. as per rules.
Signature Not Verified Signed by: SHAILESH PATIL Signing time: 22-11-2023 10:06:43 3(PRAKASH CHANDRA GUPTA) JUDGE patil Signature Not Verified Signed by: SHAILESH PATIL Signing time: 22-11-2023 10:06:43