Arman 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. 456/2023 registered at Police Station Kotwali, District Sheopur (M.P.), for an offence punishable under Section 34(2) of the Excise Act. The applicant is in judicial custody since 25.09.2023. He is in custody ever since.

According to the prosecution case, on secret information, on 25.09.2023, ASI Umcharan Gurjar along with police force reached Gupteswar Temple, Sheopur and intercepted the applicant. Applicant was found to be in possession of country made raw liquor, quantity 70 bulk liters, therefore, offence punishable under Section 34(2) of M.P. Excise Act was registered by Police Station Kotwali, District Sheopur (M.P.) and applicant was arrested on 25.09.2023. Relevant seizures have been made. Statement of witnesses have been recorded. Final report is submitted on 09.11.2023..

Learned Counsel for the applicant, in addition to the grounds mentioned in the application, submits that applicant has been falsely implicated in this matter. He is permanent resident of District Sheopur (M.P.). Applicant is aged around 21 years and is Labourer by profession. He is sole bread earner in the family, therefore, there is no likelihood of his absconding leaving family or home. There is no likelihood of interference in the investigation. Jail incarceration is causing financial hardship to the family of 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 opposes the bail application and submits criminal antecedent of four previous prosecutions against the applicant.

In reply, learned counsel for the applicant submits that applicant was acquitted in case relating to NDPS Act. He was convicted for minor offence and sentenced to fine for offence punishable under Public Gambling Act. All other matters are pending. Applicant has never been convicted for any major offence. No criminal antecedent of similar nature is reported against the applicant.

Heard 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 Arman shall be released on bail in connection with Crime No. 456/2023 registered at Police Station Kotwali, District Sheopur (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 tamper 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.