IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE PREM NARAYAN SINGH th ON THE 24 OF MAY, 2024 MISC. CRIMINAL CASE No. 21429 of 2024 BETWEEN:-

ASHOK PARIHAR S/O SHRILAL PARIHAR, AGED ABOUT 50 YEARS, OCCUPATION: SERVICE SHAHEED COLONY, TEHSIL BIAORA, RAJGARH (MADHYA PRADESH)

.....APPLICANT (SHRI MANU MAHESHWARI, LEARNED COUNSEL FOR THE PETITIONER .

AND THE STATE OF MADHYA PRADESH STATION HOUSE OFFICER THROUGH POLICE STATION MALAWAR, RAJGARH (MADHYA PRADESH)

.....RESPONDENTS (MS. VINITA DWIVEDI PL APPEARING ON BEHALF OF ADVOCATE GENERAL.

This application coming on for admission this day, the court passed the following:

ORDER

Heard and perused the record.

This is first application under Section 439 of Cr.P.C. filed by the applicant for grant of bail. The applicant has been implicated in connection with Crime No.60/2024, registered at Police Station-Malawar, District-Rajgarh for offences under Sections 34(2) of M.P. Excise Act, 1915. The applicant is in custody since 09.05.2024.

2. As per the prosecution case, 242 bulk liters of liquor has been seized from possession of co-accused Parvat and Ombabu.

Signature Not Verified

3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. The applicant is in custody since 09.05.2024. The offence registered against the applicant is triable by Judicial Magistrate First Class. It is further submitted that 242 bulk liters of liquor has been seized from possession of co-accused Parvat and Ombabu and the applicant has been implicated only on the basis of statement of co-accused recorded under section 27 of the Evidence Act. The conclusion of trial will take sufficient long time. On the aforesaid grounds, prayer is made to release the applicant on bail.

4. Learned counsel for the respondent/State has opposed the application and prayed for its rejection by submitting that the applicant is having criminal record.

5. Looking to the facts and circumstances of the case, on a perusal of the material available on record including the case diary and the custody period of the applicant, without commenting on the merits of the case, this application is allowed.

6. It is directed that the applicant/accused be released on bail on her furnishing a personal bond in the sum of Rs.50,000/-(Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the trial court for securing his presence before the said Court on all the dates of hearing fixed in this regard during trial. It is also directed that the applicant shall comply with the provisions of Section 437(3) Cr.P.C.

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

Certified copy, as per Rules.

Signature Not Verified (PREM NARAYAN SINGH)

JUDGE amit Signature Not Verified