Rahul And Others vs State Of Madhya Pradesh

B. K. Shrivastava, J

Arguments heard upon the application filed under Section 439 of Cr.P.C on 07.08.2020 on behalf of the applicants Rahul s/o Pappu alias Rajaram Raikwar and Pappu alias Rajaram Raikwar, who are confined in custody since 21.07.2020 in connection with Crime No.415/2020, registered at Police Station Kotwali, District Tikamgarh (M.P.) for the offence under Sections 34(2) and 42 of Excise Act.

It is pointed out by the state that applicant Pappu is having criminal record of 23 cases.

After receiving this information, counsel for the applicant seeks withdrawal of the petition on behalf of applicant No. 2 Pappu alias Rajaram.

Permission is granted.

This petition is partly dismissed in reference to the applicant No. 2 Pappu.

As far as applicant No. 1 Rahul is concerned, it appears from the record that total 56.100 bulk liters of country made liquor was seized from the possession of the applicant on 15.05.2020. Time was granted to the State to call the previous criminal record of the applicant Rahul but the State is unable to produce any record or information. It was clearly mentioned in the order dated 30.09.2020 and 13.10.2020 that in case of failure, it will be presumed that the applicant Rahul is having no any criminal background.Today position is the same. The state did not produce any previous criminal record of applicant Rahul. Therefore, it is presumed that applicant Rahul is having no any criminal background.

Therefore, looking to the first case, quantity seized and all circumstances of the case, without commenting upon the merits of the case, the application is allowed. It is directed that the applicant Rahul shall be released on bail upon his furnishing a bail bond worth Rs.30,000/- (Rupees Thirty Thousand only) and a personal bond of the same amount to the satisfaction of the trial Court.

At the time of releasing the applicant Rahul from custody, all the instructions issued by the Government related to Covid-19 shall also be followed by the concerned authorities.

Accordingly, this M.Cr.C stands partly allowed in reference to the applicant No.1 Rahul.

Certified copy as per rules.