Girraj Dubey Vs State Of Madhya Pradesh

Madhya Pradesh High Court (Gwalior Bench) 4 Aug 2021 Miscellaneous Criminal Case No.38574 Of 2021 (2021) 08 MP CK 0012
Bench: Single Bench
Result Published
Acts Referenced

Judgement Snapshot

Case Number

Miscellaneous Criminal Case No.38574 Of 2021

Hon'ble Bench

G.S. Ahluwalia, J

Advocates

M.C. Pathak, Siraj Qureshi

Final Decision

Dismissed

Acts Referred
  • Code Of Criminal Procedure, 1973 - Section 439
  • Madhya Pradesh Excise Act, 1915 - Section 34, 49(A)

Judgement Text

Translate:

G.S. Ahluwalia, J

This first application under Section 439 of Cr.P.C. has been filed for grant of bail.

The applicant has been arrested on 08.07.2021 in connection with Crime No.303/2021 registered at Police Station Viswavidyalaya Distt. Gwalior for

offence under Section 49 (A) of Excise Act.

It is submitted by the Counsel for the applicant, that according to the prosecution case, 12 liters of country made liquor which is alleged to be unfit for

human consumption has been seized from the applicant. The applicant is in jail from 08.07.2021 and he has no criminal history.

Per contra, application is vehemently opposed by counsel for the State. It is submitted that as many as 20 criminal cases have been registered against

him.

So far as criminal history of applicant is concerned, the same is mentioned in the impugned order itself. From the details of the criminal antecedents of

the applicant, it is clear that six cases under Section 34 of M.P. Excise Act and one more offence under Section 49 (A) of M.P. Excise Act have

been registered against him.

In view of the criminal antecedents of the applicant, no case is made out for grant of bail.

The application fails and is hereby dismissed.

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