Madhya Pradesh High Court
MCRC/51084/2020 of ANIL KUCHWADHIYA Vs THE STATE OF MADHYA PRADESH on 31 December 2020
Court Of Madhya PradeshThe High Court Of Madhya Pradesh MCRC-51084-2020
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The High Court Of Madhya PradeshMCRC-51084-2020
(ANIL KUCHWADHIYAVs THE STATE OF MADHYA PRADESH)
[31][-][12][-][2020]Jabalpur, Dated :
Heard through Video Conferencing.
Shri B.J. Chourasiya, learned counsel for applicant.
Shri Pradeep Dwivedi, learned P.L., for the respondent/State.
This is the first bail application filed by the applicant under Section 439of the Cr.P.C. for grant of bail, who is in custody since 01.12.2020 inconnection with Crime No.1157/2020 registered at Police Station DamohDehat, District Damoh for the offence punishable under Section 34(2) of theM.P. Excise Act, 1915.
Allegation against the applicant is that from the possession of theapplicant, 70 bulk liters of handmade liquor has been seized.
It is submitted that the applicant is innocent. He is in custody since01.12.2020. Trial will take time. There is no criminal antecedents against theapplicant and there is no likelihood of his absconding and tempering with thematerial witnesses. Due to Covid-19, there is a need to reduce the crowd inthe prison. Hence, he be enlarged on bail.
Learned P.L. opposed the application and prayed for rejection of thesame.
Having considered the contentions of learned counsel for the partiesand perusing the record, without commenting anything on the merits of thecase, in view of this court, it is a fit case to grant bail. Hence, this applicationis allowed.
Applicant Anil Kuchwadhiya is directed to be released on bail on hisfurnishing personal bond in a sum of Rs.25,000/- (Rupees Twenty FiveThousand Only) with a solvent surety in the like amount to the satisfaction ofthe trial court for their appearance before the trial Court on the dates so fixedby that Court during trial. It is directed that applicants shall comply theprovisions of Section 437(3) Cr.P.C.
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(J. P. GUPTA)V. JUDGE