Madhya Pradesh High Court
MCRC/4744/2024 of RAKESH Vs THE STATE OF MADHYA PRADESH on 5 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 5[th] OF FEBRUARY, 2024
MISC. CRIMINAL CASE No. 4744 of 2024
BETWEEN:-
RAKESH S/O TANTYA WASKEL, AGED ABOUT 41 YEARS,OCCUPATION: LABOUR KHALTANKA, P.S.BALAKWADA, TEHSIL KASRAWAD, DISTT. KHARGONE(MADHYA PRADESH)
(BY SHRI ASHISH GUPTA, ADVOCATE)
AND
THE STATE OF MADHYA PRADESH STATION HOUSEOFFICER THROUGH POLICE STATION BALAKWADA,DISTT. KHARGONE (MADHYA PRADESH)
.....APPLICANT
(BY SHRI TARUN PAGARE - G.A.)
.....RESPONDENT
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 Cr.P.C. for grant of regular bail in connection with FIR No. 350/2023, registered at P.S. Balakwada, districtKhargone for the offence under section 34(2) of the M.P. Excise Act.
2. As per prosecution case, 60 bulk liters illicit liquor has been seizedfrom the possession of application.
3. Counsel for the applicant submits that applicant is innocent and he has falsely been implicated in the present crime. He is in jail since 25.8.2023.Investigation is over, chargesheet has been filed and conclusion of trial is likely to take time. In these circumstances, the applicant be released on bail.
4. Counsel for the State opposes the prayer for grant of bail, however hefairly submits that there is no criminal record of the applicant.
5. Taking into consideration that investigation is completed andchargesheet has been filed and applicant has no criminal record, I am of theview that the applicant is entitled for grant of bail. Therefore, without expressingany view on the merits of the case, the application is allowed.
6. It is directed that Applicant- Rakesh 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.
7. 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.
MK
(VIJAY KUMAR SHUKLA)JUDGE