Anil And Others vs State Of Madhya Pradesh

Sunita Yadav, J

This is the first application filed by the applicants under Section 439 of the Cr.P.C. for grant of bail relating to Crime No. 30 of 2024 registered at Crime Branch, District Gwalior (M.P.) for the offence under Section 34 (2) of M.P. Excise Act.

Allegation against the present applicant is that 270 bulk litres of illicit liquor has been seized from the joint possession of the applicants for which they were not having any valid license.

Learned counsel for the applicants argued that applicants are innocent and have been falsely implicated. They are in custody since 30.3.2024. Liquor has already been seized, therefore, there is no requirement of further custodial interrogation of the applicants. Offence is triable by JMFC and trial is likely to take long time to conclude. Further argument is that applicants No. 1 and 2 are the permanent residents of District Shivpuri and Gwalior respectively and there is no possibility of their absconsion or tampering with the prosecution evidence. Hence, prayed for grant of bail to the applicants.

On the other hand, learned Panel Lawyer for respondent/State opposed the bail application nd prayed for its rejection.

Heard learned counsel for the rival parties and perused the case diary. Considering the facts and circumstances of the case, but without expressing any opinion on merits of the case, this application is allowed and it is directed that the applicants be released on bail on each of them furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One Lakh Only) along with one solvent surety each in the like amount to the satisfaction of the trial Court/Committal Court.

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

1) The applicants will comply with all the terms and conditions of the bond executed by them;

2) The applicants will cooperate in the investigation/trial, as the case may be;

3) The applicants will not indulge themselves in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to the Police Officer, as the case may be;

4 ) The applicants shall not commit an offence similar to the offence of which they are accused. In case offence of same nature is repeated, this bail order shall automatically stand cancelled;

5) The applicants will not seek unnecessary adjournments during the trial; and

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

Learned State counsel is directed to send an e-copy of this order to the Station House Officer of the concerned Police Station for information and necessary action.

E- copy of this order be sent to the trial Court concerned for compliance, if possible, by the office of this Court.

Certified copy as per rules.