Madhya Pradesh High Court
MCRC/3489/2024 of KRISHNA BANSAL Vs THE STATE OF MADHYA PRADESH on 2 February 2024
COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI
1
IN THE HIGH COURT OF MADHYA PRADESHAT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE DINESH KUMAR PALIWALON THE 2[nd] OF FEBRUARY, 2024
MISC. CRIMINAL CASE No. 3489 of 2024
BETWEEN:-
KRISHNA BANSAL S/O SHRI SUKHAI BANSAL, AGEDABOUT 25 YEARS, OCCUPATION: LABOUR R/OMATHURA BASTI, POLICE STATION KOLGAWAN,DISTRICT SATNA (MADHYA PRADESH)
(BY SHRI O.P. TRIPATHI - ADVOCATE)
.....APPLICANT
AND
THE STATE OF MADHYA PRADESH THROUGH POLICESTATION EXCISE SATNA DISTRICT SATNA (MADHYAPRADESH)
(BY SHRI S.K. GUPTA - PANEL LAWYER)
.....RESPONDENT
This application coming on for admission this day, the court passed the following:
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ORDER
This first bail application under Section 439 of the Code of Criminal Procedure has been filed by the applicant for grant of regular bail in relation toFIR No. 483/2023, registered at Police Station Excise, Satna, District Satna(M.P.) for commission of offence under Section 34(2) of M.P. Excise Act.Applicant is in detention since 21.12.2023.
2. As per the prosecution story, on receiving an information from aninformant, police of concerned police station seized 54 bulk liters of illegalliquor from possession of the applicant. FIR was registered. After investigation, charge sheet has been filed.
3. Learned counsel for the applicant has submitted that applicant is in jail since 21.12.2023. He has not committed any crime and nothing has been seizedfrom his possession. He has been falsely implicated. Trial of the case will takeconsiderable time. Therefore, it is prayed that applicant may be released on bailpending the trial.
4. On the other hand, learned counsel for the respondent/State hasopposed grant of bail to the applicant.
5. Having taken into consideration all the facts and circumstances of thecase and the fact that trial of the case will take considerable time, but withoutexpressing anything on the merit of the case, I am inclined to release theapplicant on bail. Consequently, this bail application under Section 439 of theCode of Criminal Procedure for grant of bail filed on behalf of applicant, stands allowed.
6. It is directed that applicant - Krishna Bansal be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees FiftyThousand only) with one solvent surety in the like amount to the satisfaction ofthe trial Court, for his regular appearance before the trial Court during trial witha condition that he shall remain present before the concerned Court on all thedates fixed by it during trial. He shall abide by all the conditions enumeratedunder Section 437(3) of Cr.P.C.
7. This order shall be effective till the end of the trial. However, in caseo f bail jump and breach of any of the conditions of bail, it shall becomeineffective.
Certified copy as per rules.
(DINESH KUMAR PALIWAL)JUDGE