Madhya Pradesh High Court
MCRC/4402/2024 of SHRI KUNWAR SINGH Vs THE STATE OF MADHYA PRADESH on 2 February 2024
COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE
1
IN THE HIGH COURT OF MADHYA PRADESHAT INDORE
BEFORE
HON'BLE SHRI JUSTICE PREM NARAYAN SINGHON THE 2[nd] OF FEBRUARY, 2024
MISC. CRIMINAL CASE No. 4402 of 2024
BETWEEN:-
SHRI KUNWAR SINGH S/O BHURUSINGH CHOUHAN,AGED ABOUT 30 YEARS, OCCUPATION: LABOUR GRAMBAJRANG COLONY KUNDALWASA THANA UDAYGARH(MADHYA PRADESH)
.....APPLICANT
(SANKIT KUMAR ATULKAR, LEARNED COUNSEL FOR THE PETITIONER .
)
AND
THE STATE OF MADHYA PRADESH STATION HOUSEOFFICER THOUGH P.S. JHABUA (MADHYA PRADESH)
.....RESPONDENTS
( SAMEER VERMA PL APPEARING ON BEHALF OF ADVOCATEGENERAL.
)
This application coming on for admission this day, the court passed the following:
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ORDER
1. Heard and perused the case diary.
2. 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.1554/2023, registered at P.S.- Jhabua, District-Jhabua (M.P.) for the offencepunishable under Section 34(2),36 of Excise Act. The applicant is in detentionsince 13.12.2023.
3. Learned counsel for the applicant has submitted that the applicant is innocent and has been falsely implicated in this crime. The applicant is said tobe the driver of the vehicle from which the liqour has been seized. Theregistered owner of the vehicle namely Kalu is already behind the bar and thepresent applicant being a driver is bound to obey his owner's instructions. Theapplicant is in custody since 13.12.2023. The conclusion of the trial is likely totake sufficient long time, therefore, it is prayed that the application be allowedand the applicant be released on bail.
4. Learned counsel for the State has opposed the prayer and prayed forits dismissal.
5. Considering the facts and circumstances of the case and the argumentsadvanced by learned counsel for the parties, without commenting on the meritsof the case, the application filed by the applicant is allowed.
6. It is directed that the applicant be released on bail on his/her furnishinga personal bond in the sum of Rs.50,000/- (Rupees Fifty thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court, toappear before the trial Court on the dates given by the Court. The applicantshall also abide by the conditions enumerated under Section 437 (3) CriminalProcedure Code, 1973.
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 becomeineffective.
Certified copy as per rules.
(PREM NARAYAN SINGH)JUDGE