High CourtsSingle Bench

Avdesh Yadav vs State Of Madhya Pradesh

Madhya Pradesh High Court · Decided on 3 August 2021 · Citation: (2021) 08 MP CK 0004

HON’BLE JUDGES
Satyendra Kumar Singh, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 437(3), 439 · Madhya Pradesh Excise Act, 1915 — Section 34(2)
RESULT
Allowed
CASE NUMBER
Miscellaneous Criminal Case No.38360 Of 2021
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Judgment

17 paragraphs · 308 words

Satyendra Kumar Singh, J

This is first application filed under Section 439 of Cr.P.C for grant of bail to the applicant, as he has been arrested in connection with Crime

No.425/2021, registered at P. S. Rahatgarh District Sagar (M.P.) for commission of offence punishable under Section 34 (2) of M.P.Excise Act.

Prosecution story in brief, is that on 19.7.2021 after getting information from the informer police reached the spot and found that applicant along with

co-accused persons was transporting 54 bulk liter illegal country made liquor.

Learned counsel for the applicant has submitted that the applicant has not committed any offence, he has falsely been implicated in the case. The

applicant is custody since 19.7.2021. Trial will take time, therefore, he may be enlarged on bail.

Learned counsel for the respondent/ State opposed the application, but he fairly conceded that applicant has no criminal antecedents.

Having considered the rival submissions of both the parties, looking to facts and circumstances of the case, this Court is of the considered view that it

is a fit case for grant of bail to the applicant. Hence, without commenting on merits, this application is allowed.

It is directed that applicant shall be released on bail on furnishing his personal bond in the sum of Rs.30,000/- (Rupees Thirty thousand only) along with

one solvent surety of the like amount to the satisfaction of the trial Court to appear before the court on the dates given by the concerned Court. It is

further directed that applicant shall comply with the provisions of Section 437 (3) of Cr. P. C.

In view of the outbreak of 'Corona Virus disease (COVID-19)' the concerned Jail Authority is directed to follow the directions/ guidelines issued by

the Government with regard to COVID-19 before releasing the applicant.

This M.Cr.C. stands allowed and disposed of.

C. C. as per rules.