Vijay Yadav vs. The State Of Madhya Pradesh
Held
The Court allowed the bail application. The reasoning was based on the facts and circumstances of the case, particularly noting that the applicants have no criminal past. The Court directed that the applicants be released on bail upon furnishing a personal bond of Rs. 50,000/- each, with one solvent surety in the like amount each, to the satisfaction of the trial Court. Additionally, the applicants were directed to abide by the conditions enumerated in Section 437(3) of the Cr.P.C. The issue of their GST and Income Tax payments was mentioned by the applicants but not explicitly discussed or relied upon by the Court in its reasoning for granting bail, other than as part of the overall circumstances.
Facts
This case involves a bail application filed under Section 439 of the Cr.P.C. by applicants Vijay Yadav and others. They have been in custody since June 6, 2024, in connection with Crime No. 343/2024, registered at Police Station Amla, District Betul, for an offense under Section 34(2) of the M.P. Excise Act. The prosecution alleges recovery of 233 bulk liters of country-made liquor from their custody. The charge sheet has been filed, and the applicants claim to have no criminal past. They also stated that they are reputed businessmen operating businesses named Vijay Auto Center Betul and Bhavya Krashi Yantra, Bagdona District Betul, and are regular taxpayers of GST and Income Tax.
Key Issues
1. Whether the applicants are entitled to be released on bail under Section 439 of the Cr.P.C. given the facts and circumstances of the case, including the alleged recovery of liquor and their status as businessmen paying GST and Income Tax? Arguments for the applicants: The applicants are falsely implicated, have no criminal past, are established businessmen paying GST and Income Tax, and have been in custody since June 6, 2024. They argue these factors warrant their release on bail. Arguments for the State: The State opposed the bail application and prayed for its dismissal.
Sections Cited
Section 439, Section 437(3)
AI-generated summary — verify with the full judgment below
Cause title — parties, addresses and appearances
ORDER Per: DWARKA DHISH BANSAL 1 . This is first application filed under Section 439 of Cr.P.C. on behalf of applicants, who are in jail since 06.06.2024 in connection with Crime No. 343/2024, registered at Police Station Amla District Betul for the offence punishable under Section 34(2) of the M.P. Excise Act. 2 . Learned counsel for the applicants submits that the applicants have been falsely implicated in the case. Both the applicants are in custody since 06.06.2024 from whose custody 233 bulk liters country made liquor is said to have been recovered. Charge sheet has been filed. There is no criminal past. He further submits that the both the applicants are reputed businessman and they are doing business in the name and style of Vijay Auto Center Betul and Bhavya Krashi Yantra, Bagdona District Betul and they are
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Reproduced from the public record of the Madhya Pradesh High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.