Bhai Sahab vs State Of Madhya Pradesh

This is first application under Section 439 of Cr.PC for grant of bail.

The applicant has been arrested on 10/10/2019 in connection with Crime No.269/2019 registered at Police Station Dinara, District Shivpuri (M.P.) for offence under Section 34(2) of Excise Act.

It is submitted by learned counsel for the applicant that the applicant has been falsely implicated in the case and has no criminal antecedents. The applicant is in custody since 10/10/2019. It is submitted by learned counsel for the applicant that the allegation of recovery of 70 bulk litres of country-made liquor from the possession of the applicant is false. It is further submitted that investigation is completed and charge sheet has been filed. Hence, prayed for grant of bail to the applicant.

Per contra, learned State counsel has opposed the same and it is submitted that there is one criminal antecedent against the applicant. Hence, he prayed for rejection of the application.

Considering the submissions made by learned counsel for the parties and the facts and circumstances of the case, this Court is inclined to extend the benefit of bail to the applicant.

Accordingly, without expressing any opinion on merits of the case, this application is allowed and it is directed that the applicant namely Bhai Sahab be released on bail on furnishing a personal bond in the sum of Rs. 50,000/- (Rupees Fifty Thousand only) with two solvent sureties in the like amount to the satisfaction of the concerned trial Court/Committal Court for his appearance during trial on the dates fixed 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 bond executed by him;

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

The applicant shall not commit an offence similar to the offence of which she is accused;

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

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 as well as copy of the order be given to the learned Public Prosecutor with a direction to keep the same in the concerned case diary.

C.c. as per rules.