Madhya Pradesh High Court

MCRC/2839/2024 of ASHISH JATAV Vs THE STATE OF MADHYA PRADESH on 2 February 2024

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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. 2839 of 2024

BETWEEN:-

ASHISH JATAV S/O NANDRAM JATAV, AGED ABOUT 34 YEARS, OCCUPATION: LABORER R/O. GRAM FATEHPUR, TEHSIL AND DISTRICT SHIVPURI (MADHYA PRADESH)

(SHRI ASHISH GUPTA - ADVOCATE)

.....APPLICANT

AND

THE STATE OF MADHYA PRADESH STATION HOUSE OFFICER THROUGH POLICE STATION THIKRI, DISTRICT BARWANI (MADHYA PRADESH)

(SHRI SURENDRA GUPTA - GOVT. ADVOCATE)

.....RESPONDENTS

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

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ORDER

Heard and perused the case diary.

This is first bail application filed by the applicant under Section 439 ofCriminal Procedure Code, 1973, for grant of bail during trial. The applicant isfacing trial in connection with Crime No.506/2023, dated (not mentioned)registered at Police Station-Thikri, District-Barwani for offence punishableunder Section 34(2) of M.P. Excise Act, 1915. Applicant is in jail since28.12.2023.

2. As per prosecution story, 392.150 bulk liters of illicit liquor has beenrecovered from the possession of the applicant.

3. Learned counsel for the applicant submits that the applicant is innocentand has been falsely implicated in this case. There are no criminal antecedents.The case is triable by Judicial Magistrate First Class. The applicant is in jailsince 28.12.2023. The final conclusion of the trial is likely to take sufficient longtime, hence, it is prayed that the applicant is entitled to be released on bail.

4 . Learned counsel for the respondent/State opposed the prayer,however it is fairly admitted that there are no criminal antecedents against theapplicant.

5. After hearing learned counsel for the parties and looking to the factsand circumstances of the case, I am of the view that it is a case, in whichapplicant may be released on bail. Consequently, without commenting on themerits of the case, bail application under Section 439 of the Code of CriminalProcedure for grant of bail filed on behalf of applicant, stands allowed.

6. It is directed that applicantbe released on bail on his furnishing apersonal bond in the sum of Rs.50,000/- (Rupees Fifty thousand only) withone solvent surety in the like amount to the satisfaction of the trial Court, for hisregular 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. They shall abide by all the conditions enumerated under Section437(3) of Cr.P.C.

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.

sumathi

Certified copy as per rules.

(PREM NARAYAN SINGH)JUDGE

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