Rahul Rawat vs State Of M.P

G.S. Ahluwalia, J

This first application under Section 439 of Cr.P.C. has been filed for grant of bail.

The applicant has been arrested on 29.01.2022 in connection with Crime No.34/2022 registered by Police Station Dehat Shivpuri Distt. Shivpuri for

offence punishable under Section 34(2) of M.P. Excise Act.

It is submitted by the counsel for the applicant that according to the prosecution case, 60 litres of country made liquor has been seized from the

possession of the applicant. The Trial is likely to take sufficiently long time and there is no possibility of his absconding or tampering with the

prosecution case. It is further submitted that the applicant has no criminal history.

Per contra, the application is opposed by the counsel for the respondent/State. However, after going through the police case diary, it is fairly conceded

by the counsel for the State that there is nothing in the diary to indicate the criminal antecedents of the applicant.

Considering the facts and circumstances of the case, without commenting on the merits of the case, the application is allowed. It is directed that the

applicant be released on bail on furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac) with one surety in the like amount to the

satisfaction of the Trial Court/Committal Court to appear before the Court on the dates given by the concerned Court.

This order shall remain effective till the end of trial but in case of bail jump, it shall become ineffective.

In the light of the judgment passed by the Supreme Court in the case of Aparna Bhat and others Vs. State of M.P. Passed on 18.03.2021 in Criminal

Appeal No. 329/2021, the intimation regarding grant of bail be sent to the complainant.

Certified copy as per rules.