Madhya Pradesh High Court

MCRC/55092/2023 of REMSINGH Vs THE STATE OF MADHYA PRADESH on 5 February 2024

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COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI

IN THE HIGH COURT OF MADHYA PRADESHAT INDOREBEFORE

HON'BLE SHRI JUSTICE PRAKASH CHANDRA GUPTAON THE 5[th] OF FEBRUARY, 2024

MISC. CRIMINAL CASE No. 55092 of 2023

BETWEEN:-

REMSINGH S/O VESTIYA SOLANKI, AGED 45 YEARS,OCCUPATION: AGRICULTURE R/O VILLAGE PANGOLATEHSIL JOBAT DISTT ALIRAJPUR (MADHYA PRADESH)

(BY SHRI HARISH CHANDRA TRIPATHI - ADVOCATE)

.....APPLICANT

AND

THE STATE OF MADHYA PRADESH THROUGH POLICESTATION UDAIGARH DIST. ALIRAJPUR (MADHYAPRADESH)

(BY SHRI RAHUL SOLANKI - GOVT. ADVOCATE)

.....RESPONDENT/STATE

This application coming on for admission this day, the court passed thefollowing:

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ORDER

Heard with the aid of case diary.

This is first application filed under Section 439 of Cr.P.C. for grant ofbail to the applicant/accused, relating to FIR/Crime No.406/2023 dated (notmentioned) registered at Police Station Udaigarh, District Alirajpur (M.P.) forcommission of offence punishable under Section 34(2) of the M.P. Excise Act.

2. Prosecution story, in brief is that on 22.11.2023, the present applicantwas found in possession of 500 bulk litres of liquor without having any licenseor authority. The police had the aforesaid liquor from the possession of theapplicant. Accordingly, a crime was registered against the applicant.

3. Learned counsel for the applicant/accused submits that the applicanthas not committed the offence and he has falsely been implicated in the case.Applicant has no criminal past likewise this offence and he is in custody since22.11.2023. The offence is exclusively triable by the Judicial Magistrate FirstClass. After completion of investigation, charge-sheet has been filed. Trial willtake considerable long time for its disposal, therefore, it is prayed that theapplicant be released on bail.

4. On the other hand, learned counsel for the non-applicant/State hasopposed the prayer and prayed for its rejection.

5. Having considered the rival submissions and after perusal of the case diary so also looking to the facts and circumstances of the case, this Court is ofthe view that applicant deserves to be enlarged on bail, hence, withoutcommenting on the merits of the case, the application is allowed.

6. It is directed that applicant - Remsingh shall be released on bail onhis furnishing a personal bond for a sum of Rs.50,000/- (Rupees Fiftythousand only) with a solvent surety in the like amount to the satisfaction ofthe concerned Court, for his appearance before the concerned Court regularlyon all such dates as may be fixed in this regard during trial. It is further directedthat applicant shall comply with the provisions of Section 437 (3) of Cr.P.C.

7. This order shall be effective till the end of trial but in case of bail jump,it shall become ineffective.

8. With the aforesaid, this application is allowed and stands disposed of.Certified copy, as per Rules.

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