Madhya Pradesh High Court
MCRC/4108/2024 of LOKESH BANCHADA Vs THE STATE OF MADHYA PRADESH on 2 February 2024
COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI
1
IN THE HIGH COURT OF MADHYA PRADESHAT INDOREBEFORE
HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLAON THE 2[nd] OF FEBRUARY, 2024
MISC. CRIMINAL CASE No. 4108 of 2024
BETWEEN:-
LOKESH BANCHADA S/O GOVIND JI BANCHADA, AGEDABOUT 30 YEARS, OCCUPATION: AGRICULTUREVILLAGE HADIPIPLIYA, TEHSIL MANASA, DISTT.NEEMUCH (MADHYA PRADESH)
(BY SHRI SUBODH CHOUDHARY, ADVOCATE)
.....APPLICANT
AND
THE STATE OF MADHYA PRADESH THROUGH POLICESTATION MANASA, DISTT. NEEMUCH (MADHYAPRADESH)
.....RESPONDENT
(BY SHRI SANTOSH SINGH THAKUR - PUBLIC PROSECUTOR)
This application coming on for orders this day, the court passed the following:
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ORDER
This is first application under Section 439 of the Cr.P.C. filed on behalf of the applicant in connection with Crime No.511/2018 registered at PoliceStation - Manasa, district Neemuch (M.P.) under Sections 34(2) of the M.P.Excise Act.
2. As per prosecution case, from the joint possession of applicant andco-accused, 240 bulk liters illicit liquor has been seized.
3. Counsel for the applicant submits that applicant is in jail since12.1.2024. Investigation is over, and chargesheet has been filed. Applicant is not required for further custodial interrogation. In these circumstances, theapplicant be released on bail.
4. Counsel for the State opposes the prayer for grant of bail on theground that one criminal case of same nature is registered against the applicant.
5. After hearing learned counsel for parties and taking into considerationthat investigation is completed and chargesheet has been filed, I am of the viewthat the applicant is entitled for grant of bail. Therefore, without expressing anyview on the merits of the case, the application is allowed.
6. It is directed that Applicant- Lokesh shall be released from custodyupon furnishing a personal bond of Rs.50,000/- (Rupees Fifty Thousand Only)with one surety of the like amount to the satisfaction of the court below with thefollowing further conditions :-
(i) that applicant shall not indulgence in any offence during the bail and ifhe indulges in any offence during the bail, the prosecution may file anapplicationfor cancellation of bail.
(ii) the applicant shall mark his presence before the concerned policestation on every 15th day of the month during the pendency of trial.
A typed copy of this order is being forwarded to the Office of theAdvocate General, on their email address, for intimation to the Police Stationconcerned. The office is requested to forward a copy of this order to the courtbelow.
C.c. as per rules.
(VIJAY KUMAR SHUKLA)JUDGE