Ashok Kumar vs State Of Madhya Pradesh

Virender Singh, J

As declared by the petitioner, this is the first application under Section 439 CrPC for grant of bail.

Allegation against the petitioner is that he has been found in illegal possession of 60 litres of country made liquor.

It is argued by learned counsel for the petitioner that the co-accused namely Dinesh Dhurve has already been granted bail by this court vide order

dated 06.08.2021 passed in MCrC No.38165/2021. It is further submitted that the petitioner is permanent resident of District Jabalpur, there is no

likelihood of his absconding or tempering with the prosecution case. He is ready to furnish adequate surety and abide by all the terms and conditions as

may be imposed by this Court. On these grounds, prayer is made to enlarge the petitioner on bail.

Learned counsel for the State has opposed the bail, however, fairly admitted parity with the co-accused. He further submitted that as per the case

diary the petitioner has no criminal antecedents.

Considering the facts and circumstances of the case as also maintaining parity, 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 the petitioner Ashok Kumar be released from custody on his furnishing a personal bond in the sum of Rs.20,000/-(Rupees Twenty

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.