Madhya Pradesh High Court

MCRC/1618/2024 of HARILAL CHOURASIYA Vs THE STATE OF MADHYA PRADESH on 2 February 2024

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COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI

1

IN THE HIGH COURT OF MADHYA PRADESHAT JABALPUR

BEFORE

HON'BLE SHRI JUSTICE PRAMOD KUMAR AGRAWALON THE 2[nd] OF FEBRUARY, 2024

MISC. CRIMINAL CASE No. 1618 of 2024

BETWEEN:-

HARILAL CHOURASIYA S/O NAND CHOURASIYA, AGEDABOUT 39 YEARS, OCCUPATION: BUSINESS R/O- H N.744 , N-2, E-SECTOR , BARKHEDA, HUJUR, DIST BHOPAL(MADHYA PRADESH)

(BY SHRI SANJAY GUPTA - ADVOCATE )

.....APPLICANT

AND

THE STATE OF MADHYA PRADESH THROUGH EXCISECIRCLE B BHOPAL (MADHYA PRADESH)

(BY SHRI MANOJ KUMAR SINGH - PANEL LAWYER)

.....RESPONDENT

This application coming on for admission this day, the court passed the following:

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ORDER

This is the second bail application filed by the applicant under Section439 of the Code of Criminal Procedure for grant of regular bail relating to CrimeNo.354/2023 registered at Police Station - Excise Circle Bhopal (M.P.) for theoffence punishable under Section 34 (1)A, (2) of M.P. Excise Act. Applicant isin detention since 14.10.2023.

2. As per the prosecution story, on receiving an information from aninformant, 58.14 bulk liters of illicit liquor from possession of the applicant hasbeen seized. FIR was registered.

3. Learned counsel for the applicant submitted that applicant is in jail since 14.10.2023. He has been falsely implicated. Investigation is complete.Charge sheet has been filed. The trial of the case will take considerable time.Therefore, it has been prayed that the applicant may be released on bail pendingthe trial.

4. On the other hand, learned counsel for State has opposed the grant ofbail to the applicant on the ground of criminal antecedents of applicant.

5. Per contra, learned counsel for the applicant submits that all theoffences are of simple in nature.

6. Having taken into consideration all the facts and circumstances of thecase, but without commenting on merit of the case, I am inclined to release theapplicant on bail. Consequently, bail application under Section 439 of the Codeo f Criminal Procedure for grant of bail filed on behalf of applicant, standsallowed.

7. It is directed that applicant be released on bail on his furnishing apersonal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with two solvent sureties in the like amount to the satisfaction of the trial Court, forhis regular appearance before the trial Court during trial with a condition that heshall remain present before the concerned Court on all the dates fixed by itduring trial and he is further directed to mark his presence before the concerningPolice Station on the dates i.e. 10th and 25th of every month and is directed tocooperate in trial. He shall abide by all the conditions enumerated underSection 437(3) of Cr.P.C.In case of breach of any of the aforementionedconditions, the bail granted by this Court shall stand rejected automatically.

8. This order shall be effective till the end of the trial. However, in case ofbail jump and breach of any of the conditions of bail, it shall become ineffective.

Certified copy as per rules.

Sateesh

(PRAMOD KUMAR AGRAWAL)JUDGE

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