Amarpal Pardi vs State Of Madhya Pradesh

Sanjeev S Kalgaonkar, J

This first bail application has been filed by applicant under section 439 of the Code of Criminal Procedure, 1973 for grant of bail in connection with Crime No.185/2023 registered at Police Station Fatehgarh District Guna (M.P.), for an offence punishable under section 34(2) of the Excise Act. The applicant is in judicial custody since 04/07/2023.

According to the prosecution case, on secret information police squad reached at Bhaupoorna Tiraha Kansal road on 04/07/2023 and intercepted applicant. On search, country made illicit liquor quantity 60 bulk litres was recovered from possession of the applicant. Therefore, a case under Section 34(2) of the Excise Act was registered and applicant was arrested.

Learned counsel for the applicant submit that he has falsely been implicated in the matter. Applicant is agriculturist by profession.

Applicant is permanent resident of village Singvasa Police Station Cantt Guna (M.P.) and there is no likelihood of his absconding leaving family and property. He is also sole bread earner of the family. The investigation is almost complete, therefore, there is no likelihood of interference in the investigation. No further custodial interrogation is needed. There is no criminal antecedents against the applicant. The alleged offence is triable by Judicial Magistrate First Class. The trial would take time to complete.

Therefore, applicant may be extended the benefit of bail.

Per contra, learned counsel for the State opposed the bail application and prays for rejection of bail.

Heard learned learned counsel for the parties and perused the case diary.

Considering the arguments advanced by both the parties and overall circumstances of the case but without commenting on merits of the case, this Court is inclined to release the applicant on bail. Thus, the application is allowed.

Accordingly, it is directed that the applicant Amarpal Pardi shall be released on bail in relation to the Crime No.185/2023 registered at Police Station Fatehgarh District Guna (M.P.), for an offence punishable under section 34(2) of the Excise Act, upon furnishing a personal bond in the sum of Rs. 50,000/- (Rs. Fifty Thousand Only ) with one solvent surety of the same amount to the satisfaction of the Trial Court, for compliance with the following conditions, :

The applicant shall remain present on every date of hearing as may be directed by the concerned Court;

The applicant shall not commit or get involved in any offence of similar nature;

The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them/him/her from disclosing such facts to the Court or to the investigating officer;

The applicant shall not directly or indirectly attempt to temper with the evidence or allure, pressurize or threaten the witness;

The applicant shall ensure due compliance of provisions of Section 309 of Cr.P.C regarding examination of witness in attendance;

This order shall be effective till the end of trial. However, in case of breach of any of the pre-condition of bail, it shall become ineffective without reference to the Court. CC as per rules.