Ajeet vs State Of Madhya Pradesh

This is second repeat bail application u/S.439 of the Cr.P.C. filed by the applicant for grant of bail after dismissal of earlier one vide order dated

29/01/2020 passed in M.Cr.C.No.3883/2020 with liberty to come again after completion of investigation.

The applicant has been arrested on 10/01/2020 by Police Station Dehat, District-Bhind in connection with Crime No.27/2020 registered in relation to

the offence punishable u/Ss.34(2) of Excise Act.

Learned Public Prosecutor for the State opposed the application and prayed for its rejection by contending that on the basis of the allegations and the

material available on record, no case for grant of bail is made out.

Applicant is in custody since 10/01/2020 where 54 liters of illicit liquor has been seized from the applicant.

New ground raised by learned counsel for the applicant is that investigation in the matter is over by filing of charge-sheet before the trial court on

29/01/2020 and therefore, further custodial interrogation of the applicant may not be necessary and no purpose would be served to continue

incarceration of the applicant.

In view of above and considering the fact that applicant is in custody since 10/01/2020 and the prosecution story discloses alleged offence u/S. 34 (2)

of Excise Act which prescribes for maximum punishment of three years and that 54 liters of illicit liquor has been seized from the applicant and the

early conclusion of the trial is a bleak possibility and that prolonged pre-trial detention being an anathema to the concept of liberty and the material

placed on record does not disclose possibility of applicant fleeing from justice, this Court is though inclined to extend the benefit of bail to the applicant

but with certain stringent conditions in view of criminal antecedents.

Accordingly, without expressing any opinion on merits of the case, this application is allowed and it is directed that the applicant be released on bail on

furnishing a personal bond in the sum pf Rs.50,000/- (Rs. Fifty Thousand Only) with two solvent sureties each of Rs.25,000/- to the satisfaction of the

concerned Trial Court.

This order will remain operative subject to compliance of the following conditions by the petitioner :-

The applicant will comply with all the terms and conditions of the bond executed by him;

The applicant will cooperate in the investigation/trial, as the case may be;

The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to

dissuade him from disclosing such facts to the Court or to the Police Officer, as the case may be;

The applicant shall not commit an offence similar to the offence of which he is accused;

The applicant will not seek unnecessary adjournments during the trial; and

The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.

The applicant shall mark his appearance before the concerned trial Court once in a fortnight till conclusion of trial.

A copy of this order be sent to the Court concerned for compliance.

C.c. as per rules.