High CourtsSingle Bench

Rakesh Rathor vs State Of Madhya Pradesh

Madhya Pradesh High Court · Decided on 25 January 2022 · Citation: (2022) 01 MP CK 0140

HON’BLE JUDGES
Deepak Kumar Agarwal, J
ACTS & SECTIONS REFERRED
Madhya Pradesh Excise Act, 1915 — Section 34(2) · Motor Vehicles Act, 1988 — Section 3, 39, 50(1), 146, 177, 181, 192, 196 · Code Of Criminal Procedure, 1973 — Section 439
RESULT
Allowed
CASE NUMBER
Miscellaneous Criminal Case No.4216 Of 2022
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Judgment

19 paragraphs · 309 words

Deepak Kumar Agarwal, J

This is the first bail application u/S.439 Cr.P.C filed by the applicant for grant of bail.

The applicant was arrested on 28.09.2021 in connection with Crime No.468/2021 by Police Station Kailaras, District Morena (MP) for the offence

punishable under Section 34(2) of MP Excise Act and sections 3/181, 39/192, 146/196, 50(1), 177 of Motor Vehicle Act.

As per information received from the informer Police Station Kailaras, District Morena searched the spot and seized from the possession of the

present applicant-accused 81 bulk litres of plain liquor, which was kept in a three wheeler and the applicant was arrested. After investigation, charge

sheet has been filed.

It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. Now, investigation

is complete and charge sheet has been filed and conclusion of trial will take its own time. Under these circumstances, he prays for grant of bail to the

applicant.

Application is vehemently opposed by the State counsel and prayed for its rejection.

Heard learned counsel for the parties through Video Conferencing and perused the case diary.

Looking to the aforesaid facts and circumstances of the case, coupled with the fact that applicant is in custody from 28.09.2021 conclusion of trial will

take some time, without commenting upon the merits of the case, this Court is of the opinion that the application should be allowed and by allowing the

application it is ordered that if the applicant furnishes bail bond in the sum of Rs.25,000/- (Rupees twenty five thousand only) with one solvent surety in

the like amount to the satisfaction of the trial Court, he should be released on bail.

He will present during trial before the trial Court on each and every date.

Application stands allowed and disposed of.

Certified copy as per rules.