Anil vs State Of Madhya Pradesh

Virender Singh, J

This is the first bail application filed by the petitioner-accused under Section 439 of the Cr.P.C. for grant of bail who is in custody since 03.02.2022 in connection with Crime No.61/2022, registered at Police Station Kalapiple, District Shajapur (M.P.), for the offence under Section 34(2) of the M.P.Excise Act.

The allegation against the petitioner is that he was found in an illegal possession of 58 bulk liters of illegal country made liquor.

It is argued by learned counsel for the petitioner that the petitioner has been falsely implicated in the case. He is in custody since 03.02.2022.

Conclusion of trial is likely to take time. He is permanent resident of District Shajapur there is no likelihood of his absconding or tempering with the terms and conditions as may be imposed by the Court.

The counsel for the petitioner has made a statement at Bar that the petitioner has no criminal antecedent. On these grounds prayer is made to enlarge the petitioner on bail.

Learned Public Prosecutor has opposed the prayer for bail.

Having regard to allegation made against the petitioner, the statement made by the learned counsel for the petitioner and other facts and circumstances of the case, I deem it appropriate to release the petitioner on bail, therefore, without commenting on the merits of the case, the petition is allowed.

It is directed that petitioner be released from custody on his furnishing a personal bond in the sum of Rs.30,000/- (Rupees Thirty Thousand Only) with one solvent surety of the like amount to the satisfaction of the Trial Court for his appearance before the Trial Court as and when required further subject to the following conditions :-

(i) The petitioner shall co-operate with the trial and shall not seek unnecessary adjournments on frivolous grounds to protract the trial.;

(ii) The petitioner shall not directly or indirectly allure or make any inducement, threat or promise to the prosecution witnesses, so as to dissuade him from disclosing truth before the Court;

(iii) The petitioner shall not commit any offence or involve in any criminal activity;

(iv) In case of his involvement in any other criminal activity or breach of any other aforesaid conditions, the bail granted in this case may also be cancelled.

It is made clear that before releasing the petitioner on bail, the trial Court shall verify the veracity of statement of the learned counsel for the petitioner regarding acquittal of the petitioner and if it is found that the statement is incorrect then this order would automatically loose its effect and the trial Court shall not be under obligation to release the petitioner on bail.

With the aforesaid, the petition is allowed.