Bane Singh vs State Of Madhya Pradesh

Arun Kumar Sharma, J

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

The applicant is in custody since 04.06.2021 in connection with Crime No.942/2021 registered at P.S. Kolar, District Bhopal (MP) for the offence

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

As per the prosecution, 60 bulk litres of illegal country made liquor alleged to have been seized from the possession of the applicant.

Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. There is no criminal antecedent against the

applicant relating to Excise Act. It is stated that the applicant is in jail since 04.06.2021, and the trial would take considerable time to conclude,

therefore, the applicant may be released on bail.

Learned Panel Lawyer on the other hand, has vehemently opposed the bail application. She has conceded that though the applicant has criminal past

but not of Excise Act.

Considering overall facts and circumstances of the case and the facts that the applicant has no criminal antecedent relating to Excise Act, without

expressing any view on the merits of the case, this application is allowed.

It is directed that applicant be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees fifty thousand only) with one surety

in the like amount to the satisfaction of the trial Court/committal Court for his appearance on the dates given by the concerned Court.

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

The applicant will comply with all the terms and conditions of the

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

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 from disclosing such facts to the Court or to the Police Officer, as the case may be;

4 . The applicant shall not commit any other offence during pendency of the trial, failing which this bail order shall stand cancelled automatically

without further reference to the Bench.

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.

7 . The learned concerned Magistrate and the prosecution are directed to ensure following of Covid-19 precautionary protocol prescribed from time to

time by the Supreme Court, the Central Govt. and as well as the State Govt.

A typed copy of this order be forwarded by the Registry to the Office of the Advocate General and to the concerned learned Panel Lawyer, o n their

respective email address for intimation to the Police Station concerned. The office is requested to forward a copy of this order to the learned Court

below also.

Certified copy/e-copy as per rules/directions.