Madhya Pradesh High Court
MCRC/51247/2023 of BHOOPENDRA Vs THE STATE OF MADHYA PRADESH on 29 December 2023
COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI
IN THE HIGH COURT OF MADHYA PRADESHAT GWALIORBEFORE
HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIAON THE 29[th] OF DECEMBER, 2023(THROUGH VIDEO CONFERENCING)
MISC. CRIMINAL CASE No. 51247 of 2023
BETWEEN:-
BHOOPENDRA S/O SHRI RAMDAYAL SINGH, AGED 35YEARS, OCCUPATION: KRASHI R/O TUSSIPURA TEHSILAND DISTRICT MORENA (MADHYA PRADESH)
(SHRI MADHUKAR KULSHRESTHA- ADVOCATE)
.....APPLICANT
AND
STATE OF MADHYA PRADESH THROUGH POLICETHANA CITY KOTWALI DISTRICT MORENA (MADHYA
PRADESH)
(BY SHRI A.K.NIRANKARI- PUBLIC PROSECUTOR)
.....RESPONDENT
This application coming on for hearing this day, the court passed thefollowing:
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ORDER
Case diary is available.
2. This first application under Section 439 of Cr.P.C. has been filed for grant of bail.
3. Applicant has been arrested on 29.10.2023 in connection with CrimeNo.1051/2023 registered by Police Station City Kotwali, District Morena foroffence punishable under Sections 34(2) and 47(A) of M.P. Excise Act.
4. According to the prosecution case, 193.680 bulk liters of foreign liquor is alleged to have been seized from the possession of applicant. The applicant is in jail for the last two months. The trial is likely to take sufficientlylong time and there is no possibility of his absconding or tampering withprosecution case.
5. Per contra, the application is vehemently opposed by the counsel forthe State. It is fairly conceded that as per the case diary, applicant has nocriminal history.
6. Considering the totality of the facts and circumstances of the case,without commenting on the merits of the case, the application is allowed. It isdirected that the applicant be released on bail on furnishing a personal bond inthe sum of Rs.1,00,000/- (Rupees One Lac) with one surety in the likeamount to the satisfaction of the Trial Court/Committal Court to appear beforethe Court on the dates given by the concerned Court.
7. This order shall remain effective till the end of trial but in case of bailjump, it shall become ineffective.
8. In the light of the judgment passed by the Supreme Court in the case o f Aparna Bhat and others Vs. State of M.P. Passed on 18.03.2021 inCriminal Appeal No. 329/2021, the intimation regarding grant of bail be sentto the complainant.
9. Certified copy as per rules.
Avi
(G.S. AHLUWALIA)V. JUDGE