Madhya Pradesh High Court
MCRC/52682/2018 of BHARAT @BHARAT Vs THE STATE OF MADHYA PRADESH on 31 December 2018
MADHYA PRADESH, BENCH AT INDOREHIGH COURT OF MADHYA PRADESH, BENCH AT INDORE
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HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE
M. Cr. C. No.52682/2018(Bharat @ Bharat Vs. State of M. P.)
Indore, dated 31/12/2018
Mr. Ashish Gupta, learned counsel for the applicant.
Ms. Bhakti Vyas, learned Government Advocate for the respondent / State.
Heard on the question of grant of bail.
This is the first bail application preferred by the applicant under Section 439 Cr.P.C. for grant of bail during trial. The applicant is facing prosecution for offences punishable under Section 34(2) and 36 of the M. P. Excise Act registered with Police Station Petlawad, Distt. Jhabua at Crime No.407/2018. He is in jail since 13/12/2018.
As per the prosecution case, the applicant was carrying 54 liter of alcohol and he fled from the spot when he was stopped by the police. Learned counsel for the applicant has argued before this Court that the applicant has been falsely implicated in the crime and he was not present in the scene.
On the other hand, learned counsel for the State has vehemently opposed the application for grant of bail. She has stated that 54 liter of alcohol was recovered from the applicant, however, she has stated from the case diary it is not reflected whether there was any other case registered against the present applicant or not.
This Court, after hearing learned counsel for the parties, HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE
M. Cr. C. No.52682/2018(Bharat @ Bharat Vs. State of M. P.)
considering the circumstances of the case and on perusal of the case diary, is of the opinion that the present bail petition deserves to be allowed and is accordingly allowed.
The applicant is directed to be released on bail on his furnishing a personal bond in the sum of Rs.1,00,000/- (Rs. One Lac Only) with one surety in the like amount to the satisfaction of the Trial Court for his appearance as and when directed.
Certified copy as per rules.
Tej
Digitally signed by Tej Prakash Vyas Date: 2018.12.31 13:09:15 +05'30'
(S. C. SHARMA)Vacation Judge