Madhya Pradesh High Court
MCRC/1890/2024 of SURAJ BAWARIYA Vs THE STATE OF MADHYA PRADESH on 2 February 2024
COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI
1
IN THE HIGH COURT OF MADHYA PRADESHAT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE DINESH KUMAR PALIWALON THE 2[nd] OF FEBRUARY, 2024
MISC. CRIMINAL CASE No. 1890 of 2024
BETWEEN:-
SURAJ BAWARIYA S/O SHRI ROOPCHANDRA BAWARIA,AGED ABOUT 29 YEARS, OCCUPATION: LABOUR R/O HNO 39 SANJAY GANDHI NAGAR SADAR BAZAR P.S.CANTT. DISTRICT JABALPUR (MADHYA PRADESH)
(BY SHRI SANDESH DIXIT - ADVOCATE )
.....APPLICANT
AND
THE STATE OF MADHYA PRADESH THROUGH POLICESTATION GORAKHPUR DISTRICT JABALPUR (MADHYAPRADESH)
(BY SHRI S. K. GUPTA - PANEL LAWYER )
.....RESPONDENT
This application coming on for admission this day, the court passed the following:
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ORDER
This is the first bail application filed by the applicant under Section439 of the Code of Criminal Procedure for grant of regular bail relating toF I R No. 623/2023 dated 13.09.2023 registered at Police StationGorakhpur, District Jabalpur (M.P.) for commission of offence underSection 34(2), 42 of M.P. Excise Act. Applicant is in detention since02.01.2024.
2. As per the prosecution story, on receiving an information from aninformant, police of concerned police station seized 225 bulk liters of illegal liquor from possession of the applicant. FIR was registered. Afterinvestigation, charge sheet has been filed.
3. Learned counsel for the applicant submitted that applicant is in jailsince 02.01.2024. He has not committed any crime and nothing has beenseized from his possession. He has been falsely implicated. The trial of thecase will take considerable time. It is submitted that main accusedAnshuman Vishkarma has already been granted bail by this Court videorder dated 01.12.2023, passed in M.Cr.C.No.44301/2023. Therefore, it isprayed that applicant may be released on bail pending the trial.
4. On the other hand, learned counsel for the State has opposed grantof bail to the applicant.
5. Having taken into consideration all the facts and circumstances of the case, the fact that main accused has already been granted bail and thefact that trial of the case will take considerable time, I am inclined torelease the applicant on bail. Consequently, bail application under Section439 of the Code of Criminal Procedure for grant of bail filed on behalf ofapplicant, stands allowed.
6. It is directed that applicant - Suraj Bawariya be released on bailon his furnishing a personal bond in the sum of Rs.50,000/- (Rupees FiftyThousand only) with one solvent surety in the like amount to thesatisfaction of the trial Court, for his regular appearance before the trialCourt during trial with a condition that he shall remain present before theconcerned Court on all the dates fixed by it during trial. He shall abide byall the conditions enumerated under Section 437(3) of Cr.P.C.
7. This order shall be effective till the end of the trial. However, incase of bail jump and breach of any of the conditions of bail, it shallbecome ineffective.
Certified copy as per rules.
Jasleen
(DINESH KUMAR PALIWAL)JUDGE