Madhya Pradesh High Court
MCRC/50563/2018 of DEEPU TAK Vs THE STATE OF MADHYA PRADESH on 31 December 2018
Court Of Madhya PradeshThe High Court Of Madhya Pradesh MCRC-50563-2018 (DEEPU
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
The High Court Of Madhya PradeshMCRC-50563-2018
(DEEPU TAKVs THE STATE OF MADHYA PRADESH)
Gwalior, Dated :[31][-][12][-][2018]
Shri Madhukar Kulshrestha, Counsel for the applicant.
Shri Pramod Pachauri, Public Prosecutor for the respondent/State.
Case diary is available.
This is first bail application under Section 439 of CrPC for grant of bail.
The applicant has been arrested on 24/10/2018 in connection withCrime No. 82/2018 registered at Police Station Dimni, Tehsil Ambah, DistrictMorena for offence punishable under Sections 34 (2) and 47-A of the ExciseAct.
It is submitted by the counsel for the applicant that the allegation ofrecovery of 135 ltrs of country made liquor from the possession of theapplicant is false. The applicant is aged about 30 years and is the onlybreadwinner in his family and his incarceration has adversely affected thefinancial condition of his family. The trial is likely to take sufficiently long timeand there is no possibility of his absconding or tampering with theprosecution case.
Per contra, the application is opposed by the State counsel. It issubmitted by the State counsel that the applicant has a criminal history.However, it is fairly conceded that no case under the Excise Act is registeredagainst the applicant.
Considering the pretrial detention, the facts and circumstances of thecase and without commenting on merits of the case, the application isallowed. It is directed that the applicant be released on bail on his furnishing apersonal bond in the sum of Rs.40,000/- (Rs. Forty Thousand) with onesurety in the like amount to the satisfaction of the trial Court/Committal Courtto appear before the Court on the dates given by the concerned Court.
This order shall remain effective till the end of the trial but in case of bail jump, it shall become ineffective.
Certified copy as per rules.
AKS
ALOK KUMAR 2018.12.31 14:35:59 +05'30'
(G.S. AHLUWALIA)V. JUDGE