Madhya Pradesh High Court
MCRC/54034/2023 of AKASH @ ASHOK SONI Vs THE STATE OF MADHYA PRADESH on 29 December 2023
COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI
1
IN THE HIGH COURT OF MADHYA PRADESHAT GWALIORBEFORE
HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIAON THE 29[th] OF DECEMBER, 2023(THROUGH VIDEO CONFERENCING)
MISC. CRIMINAL CASE No. 54034 of 2023
BETWEEN:-
AKASH @ ASHOK SONI S/O LT SHRI BHAGWATISONI, AGED 24 YEARS, OCCUPATION: LABORERR/O BHAGWATI SONI KAMLAGANJ JHIRIYAMANDIR K PASS SHIVPURI DISTRICT SHIVPURI(MADHYA PRADESH)
(SHRI AWADESH PARASAR - ADVOCATE )
.....APPLICANT
AND
STATE OF MADHYA PRADESH THROUGH TOWNINSPECTOR PS CITY KOTWALI DISTRICTSHIVPURI (MADHYA PRADESH)
(SHRI RAVI VALLABH TRIPATHI - PANEL LAWYER )
.....RESPONDENT
This application coming on for hearing this day, the court passed the following:
Case diary is available.
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ORDER
2. This is first application filed under Section 439 of Cr.P.C. forgrant of bail.
3. The applicant has been arrested on 27.10.2023 in connection withCrime No.790/2023 registered by Police Station – City Kotwali, District Shivpuri, for offence punishable under Section 49(A) of Excise Act.
4. It is submitted by Counsel for the applicant that according to theprosecution case, four liters of country made liquor, which is alleged to beunfit for human consumption, has been seized from the possession of theapplicant. It is submitted that applicant has been falsely implicated. Theapplicant in jail for the last two months. The FSL report has not beenreceived. The trial is likely to take sufficiently long time and there is nopossibility of his absconding or tampering with prosecution case.
5 . Per contra, the application is opposed by Counsel for therespondent/State. It is submitted that applicant has criminal history of onemore criminal case under NDPS Act which was registered in the year2021. However, it is fairly conceded that FSL report has not beenreceived.
6. Considering the totality facts and circumstances of the case aswell as period of detention and without commenting on the merits of thecase, the application is allowed. It is directed that the applicant bereleased on bail on furnishing a personal bond in the sum ofRs.1,00,000/- (Rupees One Lac Only) with one surety in the likeamount to the satisfaction of the Trial Court/Committal Court to appearbefore the Court on the dates given by the concerned Court.
7. It is made clear that after receipt of FSL report, if it is found thatthe liquor seized from the possession of the applicant was injurious tohealth, then this order shall automatically come to an end and the applicantshall be under obligation to immediately surrender before the Trial Court.
8. This order shall remain effective till the end of the trial but in case of bail jump, it shall become ineffective.
9. In the light of the judgment passed by the Supreme Court in thecase of Aparna Bhat & Ors. vs. State of M.P. passed on 18/3/2021 inCriminal Appeal No.329/2021, the intimation regarding grant of bail be sentto the complainant.
10. Certified copy as per rule.
Avi
(G.S. AHLUWALIA)V. JUDGE