Madhya Pradesh High Court
MCRC/57080/2023 of RISHABH KUMAR YADAV 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 PRAMOD KUMAR AGRAWALON THE 2[nd] OF FEBRUARY, 2024
MISC. CRIMINAL CASE No. 57080 of 2023
BETWEEN:-
RISHABH KUMAR YADAV S/O NAGENDRA KUMARYADAV, AGED ABOUT 25 YEARS, OCCUPATION:PRIVATE WORK RESIDENT OF POLIPATHARGWARIGHAT DISTRICT JABALPUR (MADHYAPRADESH)
(BY SHRI SAMPOORAN TIWARI - ADVOCATE)
.....APPLICANT
AND
THE STATE OF MADHYA PRADESH THROUGH POLICESTATION BHEDAGHAT DISTRICT JABALPUR (MADHYAPRADESH)
(BY SMT. SEEMA PANDEY - PANEL LAWYER)
.....RESPONDENT
This application coming on for admission this day, the court passed thefollowing:
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ORDER
This is the first bail application filed by the applicant under Section 439of the Code of Criminal Procedure for grant of regular bail relating to CrimeNo.486/2023 registered at Police Station - Bhedaghat, District Jabalpur (M.P.)for the offence punishable under Section 34(2) of M.P. Excise Act. Applicant isin detention since 08.12.2023.
2. As per the prosecution story, on receiving an information from aninformant, 137 bulk liters of illicit liquor from possession of the applicant hasbeen seized. FIR was registered.
3. Learned counsel for the applicant submitted that applicant is in jailsince 08.12.2023. He has been falsely implicated. This is the first offenceregistered against the applicant under Section 34(2) of Excise Act. Investigationis complete. Charge sheet has been filed. The trial of the case will takeconsiderable time. Therefore, it has been prayed that the applicant may bereleased on bail pending the trial.
4. On the other hand, learned counsel for State has opposed the grant ofbail to the applicant but charge sheet has been filed.
5. Having taken into consideration all the facts and circumstances of thecase, but without commenting on merit of the case, I am inclined to release theapplicant on bail. Consequently, bail application under Section 439 of the Codeo f Criminal Procedure for grant of bail filed on behalf of applicant, standsallowed.
6. It is directed that applicant be released on bail on his furnishing apersonal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with two solvent sureties in the like amount to the satisfaction of the trial Court, forhis regular appearance before the trial Court during trial with a condition that heshall remain present before the concerned Court on all the dates fixed by itduring trial and he is further directed to mark his presence before the concerningPolice Station on the dates i.e. 10th and 25th of every month and is directed tocooperate in trial. He shall abide by all the conditions enumerated underSection 437(3) of Cr.P.C.In case of breach of any of the aforementionedconditions, the bail granted by this Court shall stand rejected automatically.
7. This order shall be effective till the end of the trial. However, in case ofbail jump and breach of any of the conditions of bail, it shall become ineffective.
Certified copy as per rules.
Sateesh
(PRAMOD KUMAR AGRAWAL)JUDGE