Madhya Pradesh High Court
MCRC/56471/2023 of AJJU @ AJAY QURESHI Vs THE STATE OF MADHYA PRADESH on 2 February 2024
COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI
1
IN THE HIGH COURT OF MADHYA PRADESHAT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE PRAMOD KUMAR AGRAWALON THE 2[nd] OF FEBRUARY, 2024
MISC. CRIMINAL CASE No. 56471 of 2023
BETWEEN:-
AJJU @ AJAY QURESHI S/O KAYAMUDDIN QURESHI,AGED ABOUT 31 YEARS, OCCUPATION: LABOUR NEARRAMPUR MOSQUE RAMPUR POLICE STATIONGORAKHPUR DISTRICT JABALPUR (MADHYAPRADESH)
(BY SHRI V.K. UPADHYAY - ADVOCATE)
.....APPLICANT
AND
THE STATE OF MADHYA PRADESH THROUGH POLICESTATION GORAKHPUR DISTRICT JABALPUR (MADHYAPRADESH)
(BY SMT. SUNITA SOOD - PANEL LAWYER)
.....RESPONDENTS
This application coming on for admission this day, the court passed thefollowing:
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ORDER
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. 694/2023 registered at Police Station - Gorakhpur, District Jabalpur (M.P.)for the offence punishable under Section 34 (2) of M.P. Excise Act. Applicantis in detention since 16/10/2023.
2. As per the prosecution story, from possession of the applicant 350quarters of illicit liquor has been seized therefore, the aforesaid offence hasbeen registered against him.
3. Learned counsel for the applicant submitted that applicant is in jailsince 16/10/2023. He has been falsely implicated. It is submitted that in thismatter three witnesses have been examined during trial and they have notsupported the prosecution story. It is also submitted that in criminal case no.2831/2009 vide judgment dated 29/04/2016 passed by the Chief JudicialMagistrate, Jabalpur and criminal case no. 2727/2021 vide judgment dated21/02/2022 passed by Chief Judicial Magistrate, Jabalpur, applicant has beenacquitted for the offence under section 34 (2) of M.P. Excise Act. Chargesheet has been filed. The trial of the case will take considerable time. Therefore,it has been prayed that the applicant may be released on bail pending the trial.
4. On the other hand, learned counsel for State has opposed the grant ofbail to the applicant on the basis of his criminal past.
5. Having taken into consideration all the facts and circumstances of thecase, but without commenting on merit of the case, I am inclined to release theapplicant on bail. Consequently, bail application under Section 439 of the Codeo f Criminal Procedure for grant of bail filed on behalf of applicant, standsallowed.
6. It is directed that applicant be 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. He 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 of bail jump and breach of any of the conditions of bail, it shall becomeineffective.
Certified copy as per rules.
navin
(PRAMOD KUMAR AGRAWAL)JUDGE