High CourtsSingle Bench(2021) 02 MP CK 0116

Yushuf Khan vs State Of M.P

Madhya Pradesh High Court · Decided on 17 February 2021

HON’BLE JUDGES
G.S. Ahluwalia, J
RESULT
Allowed
CASE NUMBER
Miscellaneous Criminal Case No.9084 Of 2021

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Judgment

20 paragraphs · 362 words

G.S. Ahluwalia, J

This is third application filed under Section 439 of Cr.P.C. for grant of bail.

The applicant has been arrested on 14.09.2020 in connection with Crime No.504/2020 registered by Police Station Civil Line, District Morena for

offence punishable under Sections 420, 482, 483, 486, 489 of IPC, under Section 34(2), 47(A) of Excise Act and under Sections 39/192, 66/192,

146/196, 130/177 of Motor Vehicles Act.

It is submitted by the counsel for the applicant that although previous bail application of the applicant has already been dismissed on merits but the

applicant is in jail for the last five months. According to prosecution case, 117 liters of English Liquor has been seized from the car which was

auctioned by the Court and was bearing official registration number. It is submitted by the counsel for the applicant that so far as changing of

registration number plate is concerned, the applicant was not aware of the said fact. Applicant undertakes to abide by any of the stringent conditions

which may be imposed by the Court and there is no likelihood of absconding or tampering with the prosecution case.

Per contra, the application is opposed by the counsel for the respondent/State. It is submitted by the counsel for the State that in absence of police

case diary, he is not in a position to point out the criminal history of the applicant.

Heard the learned counsel for the parties.

Considering the facts and circumstances of the case and without commenting on the merits of the case, the application is allowed. It is directed that

the applicant shall be released on bail on furnishing cash surety of Rs. 1,00,000/- (Rs. One Lac Only) to the satisfaction of the Trial Court/Committal

Court to appear before the Court on the dates given by the concerned Court.

It is further directed that the applicant shall appear before the S.H.O. Police Station Civil Line, District Morena on 1st and 1t5h of every month during

the pendency of the Trial. In case of bail jump or non-appearance of the applicant before the police station as directed by this Court, this order shall

lose its effect.

Certified copy as per rules.