1 MCRC-29007-2024

IN THE HIGH COURT OF MADHYA PRADESH

AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE ACHAL KUMAR PALIWAL
ON THE 16 th OF JULY, 2024
MISC. CRIMINAL CASE No. 29007 of 2024
DHOOP SINGH AND OTHERS
Versus
THE STATE OF MADHYA PRADESH
Appearance:
(SHRI AJEET KUMAR SHUKLA, LEARNED COUNSEL FOR THE
PETITIONER .
(SHRI OMPRAKASH PATEL-P.L. APPEARING ON BEHALF OF
ADVOCATE GENERAL.

ORDER
This is first application filed by the applicants under Section 439 of the
Code of Criminal Procedure for grant of regular bail relating to FIR/Crime
No.270/2024 registered at Police Station Dheemarkheda, District Katni (M.P.)
for the offence punishable under section 34 (2) of the Excise Act.
2 . As per the case of the prosecution, allegations against the present
applicants is that they have been found in illegal possession of 60 bulk litres of
country made liquor.

3. It is contended by the counsel that applicants are innocent person and

they have been falsely implicated in the case. The applicants are in custody
since 25.06.2024. Charge sheet has been filed in the matter 60 bulk liters of
illicit liquor alleged to have been recovered from the possession of the
applicants. On above grounds, it is prayed that the applicants be released on
bail.
4. Per contra, learned counsel for the respondent/State has opposes the

Signature Not Verified

Signed by: ROSHNI SINGH
Signing time: 7/16/2024
5:31:05 PM
 2 MCRC-29007-2024
bail application.
5. Heard the submissions and perused the case diary.
6. However, keeping in view the facts and circumstances of the case and
taking into consideration overall evidence on record and looking to the place
from where the alleged liquor is seized and also the role of the applicant in the
alleged incident but without expressing any view on the merits of the case, the
application is allowed.
7 . It is directed that the applicants shall be released on bail on their
furnishing a personal bond in a sum of Rs.25,000/- (Rupees Twenty Five
Thousand Only) each with one surety in the like each amount to the satisfaction

o f the trial Court concerned for their appearance before the said Court on all
such dates as may be fixed in this regard during the pendency of trial.
8. It is further directed that the applicants shall comply with the
provisions of Section 480 (3) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
9. It is also observed that if the applicants are found to be involved in the
offence of same nature, after their release on bail, then the present bail order
shall stand cancelled without further reference to this Court; and the
State/prosecution will be free to arrest the accused in the present case also.
10. Accordingly, M.Cr.C. stands disposed of.

(ACHAL KUMAR PALIWAL)

JUDGE
R

Signature Not Verified

Signed by: ROSHNI SINGH
Signing time: 7/16/2024
5:31:05 PM