High CourtsSingle Bench

Babu @ Animesh Singh Tomar vs State Of Madhya Pradesh

Madhya Pradesh High Court · Decided on 14 February 2020 · Citation: (2020) 02 MP CK 0066

HON’BLE JUDGES
Rajeev Kumar Sharma, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 439 · Madhya Pradesh Excise Act, 1915 — Section 34(2)
RESULT
Allowed
CASE NUMBER
Miscellaneous Criminal Case No. 3919 Of 2020
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Judgment

22 paragraphs · 408 words

This is first bail application filed by the applicant under Section 439 of Cr.P.C. for grant of bail.

The applicant has been arrested on 30/11/2019 in connection with Crime No.144/2019 registered at Police Station Mahua, District Morena(M.P.) for

offence under Section 34(2) of M.P. Excise Act.

Allegation against the applicant in short is that the applicant is found selling found illicit liquor and 50 liters of country made liquor has been recovered

from his possession.

It is submitted by learned counsel for the applicant that the applicant has been falsely implicated in the present case. The applicant is in jail since

30/11/2019. There is no possibility of his absconding or tampering with the evidence, if he is released on bail. The applicant is ready to abide by all the

terms and conditions as may be imposed by this Court. Under these circumstances, he prays for grant of bail to the applicant.

Per contra, learned Panel Lawyer for the State opposes the bail application and prays for its rejection.

Looking to the facts and circumstances of the case and without commenting on merits of the case, the application is allowed. It is directed that the

applicant be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand Only) with one surety in the like amount

to the satisfaction of the trial Court/Committal Court to appear before the Court on the dates given by the concerned Court.

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

1.

The applicant will comply with all the terms and conditions of the bond executed by him;

2.

The applicant will cooperate in the investigation/trial, as the case may be;

3.

The applicant will not indulge himself 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 applicant shall not commit an offence similar to the offence of which he is accused failing which this order shall automatically loose its effect;

5.

The applicant will not seek unnecessary adjournments during the trial; and

6.

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

A copy of this order be sent to the Court concerned for compliance.

C.c. as per rules.