Madhya Pradesh High Court

MCRC/3976/2024 of MUKUL NISHAD Vs THE STATE OF MADHYA PRADESH on 2 February 2024

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COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI

1

IN THE HIGH COURT OF MADHYA PRADESHAT JABALPUR

BEFORE

HON'BLE SHRI JUSTICE DINESH KUMAR PALIWALON THE 2[nd] OF FEBRUARY, 2024

MISC. CRIMINAL CASE No. 3976 of 2024

BETWEEN:-

MUKUL NISHAD S/O BHALLU NISHAD, AGED ABOUT 21YEARS, OCCUPATION: PRIVATE WORK RESIDENT OFBEHIND OF PREM NAGAR TILAK COLLEGE KATNI P.S.N.K.J. TAHSIL DISTRICT KATNI (MADHYA PRADESH)

(BY SHRI ASHISH VISHWAKARMA - ADVOCATE)

.....APPLICANT

AND

THE STATE OF MADHYA PRADESH THROUGH POLICESTATION N.K.J. DISTRICT KATNI (MADHYA PRADESH)

(BY SHRI S.K. GUPTA - PANEL LAWYER)

.....RESPONDENTS

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

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ORDER

This is first application filed by the applicant under Section 439 of theCr.P.C. for grant of regular bail relating to FIR No.572/2023, dated 04.11.2023,registered at Police Station-N.K.J, District - Katni (M.P.) for commission ofoffence punishable under Section 34(2) of M.P. Excise Act, 1915. Applicant isin detention since 18.01.2024.

2. As per the prosecution story, on 04.11.2023, upon receivinginformation from an informant, police of the concerned police station seized 60bulk liters of illicit liquor from possession of the applicant. FIR was registered.

3 . Learned counsel for the applicant has submitted that applicant is in detention since 18.01.2024. He has not committed any offence and nothing hasbeen seized from his possession. He is innocent. He has been falselyimplicated. The trial of the case will take considerable time. Therefore, it isprayed that the applicant may be released on bail pending the trial.

4 . O n the other hand, learned counsel for the State has opposed theprayer for grant of bail to the applicant.

5. Having taken into consideration all the facts and circumstances of the case including the fact that trial of the case will take considerable time, butwithout expressing anything on the merits of the case, I am of the view that it isa case in which further pre-trial detention of the applicant is not warranted.Consequently, this 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 applicant - Mukul Nishad be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fiftythousand only) with one solvent surety in the like amount to the satisfaction ofthe trial Court, for his regular appearance before the trial Court during trial witha condition that he shall remain present before the concerned Court on all thedates fixed by it during trial. He shall abide by all the conditions enumeratedunder Section 437(3) of Cr.P.C.

7. This order shall be effective till the end of the trial. However, in caseo f bail jump and breach of any of the conditions of bail, it shall becomeineffective.

Certified copy as per rules.

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