Madhya Pradesh High Court
MCRC/49514/2020 of ANIL KHARADIYA Vs STATE OF M.P. on 31 December 2020
COURT OF MADHYA PRADESH
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THE HIGH COURT OF MADHYA PRADESHM.Cr.C. No.49514/2020
(Anil Kharadiya Vs. State of M.P.)
Indore, Dated: 31/12/2020
Shri Rohit Panwar, learned counsel for the applicant.
Shri V.K. Nagpal, learned counsel for the respondent/State.
Heard through video conferencing on the question of grantof bail.
This is an application made by the applicant/accused underSection 439 Cr.P.C. for grant of bail during trial.
Notice of this application was served on the State counsel.Case diary as per the direction of this Court has been producedand it has been perused.
The applicant is facing trial for offence punishable underSection 34(2) of the M.P. Excise Act registered with Police StationRajendra Nagar, District Indore in Crime no.183/2020.
Learned counsel for the applicant submits that 54 bulk literof illicit liquor was seized from the joint custody of the presentapplicant and co-accused persons and the applicant was taken incustody on 10/03/2020. He further submits that on account ofCOVID-19 effect, the applicant was released from the jail on30/03/2020 and thereafter he was again taken in custody on18/11/2020 and since then he is in custody. He further submitsthat the investigation is complete, challan has been filed andconclusion of trial is likely to take time. He also submits that theoffence is triable by the Magistrate and the applicant has nocriminal antecedents. He has further submitted that the applicantis not guilty of the alleged offence and he is not likely to commitany offence while on bail.
Learned counsel for the State has opposed the applicationfor grant of bail.
On perusal of the case diary and considering thecircumstances of the case, I find prima facie force in thesubmissions made by the counsel for applicant. Hence I am ofthe considered view that the application for grant of bail deservesto be allowed and is accordingly allowed.
The applicant is directed to be released on bail on hisfurnishing a personal bond in the sum of Rs.35,000/- (RupeesThirty Five Thousand) with one surety in the like amount to thesatisfaction of the Trial Court for his appearance as and whendirected.
The applicant will attend each hearing of his trial before theTrial Court out of which this bail arises. Any default in attendancein Court would result in cancellation of the bail granted by thisCourt.
Certified copy as per rules.
(Prakash Shrivastava) Vacation Judge
krjoshi
Digitally signed by KHEMRAJ JOSHI Date: 2020.12.31 16:34:56 +05'30'