Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(MP) 1111

IN THE HIGH COURT OF MADHYA PRADESH BENCH AT GWALIOR
Deepak Kumar Agarwal, J.
Annu @ Adity Sen – Appellant
Versus
State of Madhya Pradesh – Respondent
Miscellaneous Criminal Case No. 60632 of 2022
Decided On : 21-12-2022

Advocates Appeared:
Ravi Dwivedi, Advocate, Ramadhar Choubey, Advocate
Final Result : Allowed

The court emphasized the importance of the applicant's cooperation in the trial when granting bail.

Headnote:
Bail Application - Madhya Pradesh Excise Act - The court allowed the bail application and ordered the release of the applicant on bail upon furnishing cash security and bail bond, emphasizing the need for the applicant to cooperate in the trial.
Fact of the Case:

The applicant filed a repeat bail application under Section 439 Cr.P.C after being arrested in connection with a case under the Madhya Pradesh Excise Act. The applicant was in custody since the arrest, and the charge-sheet had been filed.
Finding of the Court:

The court, without commenting on the merits of the case, allowed the bail application, emphasizing the need for the applicant to cooperate in the trial and ordered his release on bail upon fulfilling certain conditions.
Issues: The main issue was whether the applicant should be granted bail despite being arrested in connection with a case under the Madhya Pradesh Excise Act.
Ratio Decidendi: The court considered the facts and circumstances of the case and decided to grant bail, highlighting the importance of the applicant's cooperation in the trial.
Final Decision: The court allowed the bail application and ordered the release of the applicant on bail upon fulfilling certain conditions.

JUDGMENT

Deepak Kumar Agarwal, J. - This is second repeat bail application u/S.439 Cr.P.C filed by the applicant for grant of bail. His first bail application was dismissed as withdrawn by this Court by order dated 02.06.2022 passed in M.Cr.C. No.24863/2022.

2. Applicant has been arrested on 14.03.2022 by police Station,-Jhansi Road, Distt. Gwalior, in connection with crime No.533/2021 for the offence punishable under Sections 34(2) of the Madhya Pradesh Excise Act.

3. As per prosecution story, from the joint possession of applicant and other co-accused, 1208 liters illicit liquor has been seized. Thereafter, applicant has been arrested on 14.03.2022.

4. Learned counsel for the applicant submits that applicant is innocent and falsely implicated in the case. He is in custody since 14.03.2022. He undertakes to cooperate in investigation/trial. After investigation, charge-sheet has been filed and therefore, further custodial interrogation of the applicant is not required. Conclusion of trial will take time. On such premises, learned counsel for the applicant prayed for bail.

5. Learned counsel for the State opposed the application and prayed for its rejection.

6. Heard learned counsel for both the parties and perused the case diary. Looking to the facts and circumstances of this case but 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 cash security of Rs.5,000/- (Five Thousand only) alongwith bail bond in the sum of Rs.25,000/- (Rs. Twenty Five thousand only) before the trial Court, he should be released on bail.

7. He will present during trial before the trial Court on each and every date. In case of any default, cash security of Rs.5,000/- shall be forfeited without giving him any notice.

8. Application stands allowed and disposed of.

Certified copy as per rules

Click Here to Read the rest of this document