Saurabh Shivhare vs State Of M.P.

This is the first bail application u/S.439 Cr.P.C filed by the applicant for grant of bail.

Applicant has been arrested on 12/5/2020 by Police Station Hazira District Gwalior(M.P.) in connection with Crime No.137/2020 registered for offence under Section 34(2) of M.P. Excise Act.

Learned counsel for the applicant- Saurabh Shivhare has submitted that the present applicant has filed this first bail application under Section 439 of CrPC. There is no recovery from the present applicant and only on the basis of memorandum given by the co-accused persons, the present applicant has been implicated as accused. There is no evidence against the present applicant to attract the offence under Section 34(2) of Excise Act. It is further submitted that in similar matters this Court has already granted anticipatory bail in M.Cr.C. No.5437/2016 vide order dated 2/6/2016 and regular bail in M.Cr.C. No.36328/2019 vide order dated 4/9/2019. Learned counsel for the applicant has also placed reliance on the judgment passed in the case of Suresh Upadhyay vs. State of M.P. reported in 2014(2) MPWN 4, wherein FIR has been quashed on the ground that no liquor was recovered from the possession of the concerned accused. It is also submitted that the applicant is in custody since 12/5/2020. Investigation and trial will take its own time. Hence, prayed for grant of bail to the present applicant.

Learned Panel Lawyer for the State has opposed the submissions and has submitted that total 351 bulk liters illicit liquor has been seized from the custody of seven persons and the bail application of the co-accused person has been rejected by this Court. There is no any discriminatory fact available on record on which basis, the bail application filed by the present applicant may be considered. Hence, prayed for dismissal of the bail application.

Heard learned counsel for the parties at length through Video Conferencing and considered the arguments advanced by them and perused the case diary.

Considering the totality and the facts and circumstances of the case, this Court does not find it to be a fit case for grant of bail application. Hence, this application is rejected.

E- copy of this order be sent to the trial Court concerned for compliance, if possible for the office of this Court.

Certified copy/ e-copy as per rules/directions.