Madhya Pradesh High Court
Dinesh Singh vs The State Of Madhya Pradesh on 26 December, 2024
Author: Sanjeev S Kalgaonkar
Bench: Sanjeev S Kalgaonkar
NEUTRAL CITATION NO. 2024:MPHC-IND:36947
1 MCRC-54187-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR
ON THE 26 th OF DECEMBER, 2024
MISC. CRIMINAL CASE No. 54187 of 2024
DINESH SINGH AND OTHERS
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Jagdish Baheti - advocate for the applicants.
Shri Rajesh Joshi - Govt. Advocate for the respondent/State.
ORDER
This first application has been filed by the applicants under Section 483 of
BNSS, 2023 for grant of bail in connection with Crime No. 687/2024 registered at
Police Station – Khategaon, District – Dewas (M.P.) for offence punishable
under Section 34(2) of M.P. Excise Act. Applicant is in judicial custody since
02.12.2024.
As per the case of prosecution, Ankit Yadav reported to P.S Khategaon that
on 29.02.2024, he received information that illicit liquor is transported for selling
at Dhaba. He alongwith his friends reached at the spot and intercepted a
motorcycle bearing registration No.MP 40 ZB 7923. The pillion rider and driver
of the motorcycle fled away leaving the motorcycle and a gunny bag. 60 bulk
litres of country made plain and foreign liquor was recovered from the gunny bag.
The motorcycle and the gunny bag containing illicit liquor was seized at P.S
Khategaon. The P.S Khategaon registered an FIR at crime No.687/2024 for
offence punishable under Section 34(2) the M.P Excise Act against the unknown
Signature Not Verified
Signed by: AKANKSHA
LAHORIYA
Signing time: 26-12-2024
19:27:54
NEUTRAL CITATION NO. 2024:MPHC-IND:36947
2 MCRC-54187-2024
offenders. Later on, Dinesh & Gautam Bachhaniya were arrested on 02.12.2024.
Both of them informed that manager of liquor licencee has provided them liquor
for transporting it to near by Dhaba. They are in custody ever since.
The investigation is under way.
Learned Counsel for the applicants, submits that applicants have been
falsely implicated in this matter. The illicit liquor was not seized from the
conscious possession of applicants. No offence, as alleged, is committed by the
applicants. There is no likelihood of their absconsion leaving their family, home
and profession. There is no likelihood of tampering with evidence by applicants.
Further custodial interrogation of the applicants is not required in this matter. The
trial would take time to complete. Therefore, applicants may be extended the
benefit of bail.
Per contra , learned Counsel for the State opposes the application citing the
criminal history of three cases under Section 34 of the M.P Excise Act against
Dinesh and one case under Section 34(2) of the M.P Excise Act against Gautam.
In reply, learned Counsel for the applicants submits that applicant Dinesh
was sentenced to fine and imprisonment of TRC in other minor offences and the
case alleged against Gautam is pending for trial. None of the applicants is
convicted for major offences.
Heard learned counsel for the parties and perused the case diary.
Considering the arguments advanced by both the parties and overall
circumstances of the case, but without commenting on merits of the case, this
Court is inclined to release the applicants on bail. Thus, the application is
allowed,
Signature Not Verified
Signed by: AKANKSHA
LAHORIYA
Signing time: 26-12-2024
19:27:54
NEUTRAL CITATION NO. 2024:MPHC-IND:36947
3 MCRC-54187-2024
Accordingly, it is directed that applicants- Dinesh Singh and Gautam
Singh shall be released on bail in connection with the Crime as stated in para – 1
of this order, upon furnishing personal bond and surety bond of amount, as may be
considered appropriate by the Trial Court for compliance with conditions, as may
be imposed by such Court, to secure presence of the applicants for the trial under
Section 437(3) of Cr.P.C., 1973/Section 480(3) of BNSS, 2023.
This order shall be effective till the end of trial. However, in case of breach
of any of the preconditions of bail, the concerned Court may consider, on merit,
cancellation of bail without any impediment of this order.
The concerned Court shall get the conditions reproduced on the personal
bond by the accused and on surety bond by the surety concerned. If any of them is
unable to write, the scribe shall certify that he had explained the conditions to the
concerned accused or the surety.
C.C. as per rules.
(SANJEEV S KALGAONKAR)
V. JUDGE
akanksha
Signature Not Verified
Signed by: AKANKSHA
LAHORIYA
Signing time: 26-12-2024
19:27:54