High CourtsSingle Bench

Bharat vs State Of M.P

Madhya Pradesh High Court · Decided on 11 November 2020 · Citation: (2020) 11 MP CK 0064

HON’BLE JUDGES
Virender Singh, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 439
RESULT
Allowed
CASE NUMBER
Miscellaneous Criminal Case No. 45733 Of 2020
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Judgment

10 paragraphs · 287 words

Virender Singh, J

1.

As declared by petitioner, this is the fourth bail application u/S 439 of Cr.P.C.

2.

In the wake of two criminal records, first application was dismissed as withdrawn vide order dated 17.01.2020 passed in M.Cr.C. No.1815 of 2020. Second application was dismissed on merits vide order dated 24.02.2020 passed in M.Cr.C. No.7141 of 2020. Third application was withdrawn vide order dated 26.08.2020 passed in M.Cr.C. No.26110 of 2020 with liberty to file fresh application after two months.

3.

Availing the liberty granted by this Court while deciding the third application, the petitioner has gain come before this Court for seeking bail.

4.

The petitioner is arrested by the police on 19.12.2019 for having total 60 bulk litres illicit liquor in his possession.

5.

Learned Counsel for the petitioner submits that in earlier both the criminal cases registered against the petitioner, fine was imposed against him by the trial Court.

6.

Lastly, upcoming Diwali festival and threat of life due to recent spread of Covid-19 (corona) Virus is also taken as a ground to press the bail.

7.

Learned Panel Lawyer has opposed the bail application.

8.

Considering the aforesaid and other facts and circumstances of the case, I deem it proper to release the accused/petitioner on bail. Therefore, without commenting on merits of the case, the application is allowed.

9.

It is directed that the petitioner Bharat S/o Jagdish Gupta be released from custody on his furnishing a personal bond in the sum of Rs.25,000/-(Rupees Twenty Five Thousand Only) with one solvent surety to the satisfaction of the Trial Court for his appearance before the Trial Court as and when required. He shall abide by the conditions as enumerated in S.437(3) of Cr.P.C.