Bhaiyalal vs State Of Madhya Pradesh

Sanjeev S Kalgaonkar, J

This first application has been filed by applicant under Section 439 of Code of Criminal Procedure, 1973 for grant of bail in connection with Crime No.57 of 2024 registered at Police Station Laanch, District Datia (M.P.) for offence punishable under Section 34(2) of Excise Act. Applicant is in judicial custody since 21-04-2024.

As per the case of prosecution, on secret information, on 21-04-2024,

Sub- Inspector Shreta Sikarwar of PS Laanch along-with police force reached Village Kheronaghat and intercepted the applicant at his house. The applicant was found in possession of country-made plain liquor total quantity 54 bulk liters. Illicit liquor was seized from the possession of applicant. Applicant was arrested on spot. On such allegations, PS Kadwaya registered FIR at Crime No.57 of 2024 for offence punishable under Section 34(2) of Excise Act against applicant. Applicant is in custody since 21-04-2024, he is in custody ever since. Investigation is underway.

Learned Counsel for the applicant in addition to the grounds mentioned in the application, submits that applicant has been falsely implicated in the matter. No offence as alleged is made out against applicant. Applicant is aged around 60 years and is agriculturist by profession. There is no likelihood of his absconsion leaving family, home and profession. No further custodial interrogation of applicant is needed. There is no likelihood of tampering with evidence by applicant. There is no likelihood of repeat of offence by 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 cites criminal history of three cases against the applicant.

In reply, learned Counsel for the applicant submits that the applicant was acquitted in two cases registered against him under the MP Excise Excise Act. Other case is pending for trial and he has never been convicted.

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, regard being old age of the applicant, 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 applicant BHAIYALAL shall be released on bail in relation to Crime No.57 of 2024 registered at Police Station Laanch, District Datia (M.P.) for offence punishable under Section 34(2) of Excise Act upon furnishing a personal bond in the sum of Rs.50,000/- (Rupees fifty thousand only) with one solvent surety of the same amount to the satisfaction of the Trial Court, for compliance with the following conditions, : (For convenience of understanding by accused and surety, the conditions of bail are also reproduced in Hindi as under):-

(1) Applicant shall remain present on every date of hearing as may be directed by the concerned court;

(1) vkosnd lacaf/kr U;k;ky; ds funZs'kkuqlkj lquokbZ dh izR;sd frfFk ij mifLFkr jgsxkA

(2) Applicant shall not commit or get involved in any offence of similar nature;

(2) vkosnd leku izd`fr dk dksbZ vijk/k ugha djsxk ;k mlesa lfEefyr ugha gksxkA

(3) 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 police officer;

(3) vkosnd izdzj.k ds rF;ksa ls ifjfpr fdlh O;fDr dks izR;{k ;k vizR;{k :i ls izyksHku] /kedh ;k opu ugha nsxk] ftlls ,slk O;fDr ,sls rF;ksa dks U;k;ky; ;k iqfyl vf/kdkjh dks izdV djus ls fuokfjr gksA

(4) Applicant shall not directly or indirectly attempt to tamper with the evidence or allure, pressurize or threaten the witness;

(4) vkosnd izR;{k ;k vizR;{k :i ls lk{; ds lkFk NsMNkM djus dk ;k lk{kh ;k lkf{k;ksa dks cgykus&Qqlykus] ncko Mkyus ;k /kedkus dk iz;kl ugha djsxkA

(5) During trial, the applicant shall ensure due compliance of provisions of Section 309 of Cr.P.C. regarding examination of witnesses in attendance;

(5) fopkj.k ds nkSjku] mifLFkr xokgksa ls ijh{k.k ds laca/k esa vkosnd /kkjk 309 na-iz-la- ds izko/kkuksa dk mfpr vuqikyu lqfuf'pr djsxkA

This order shall be effective till the end of trial. However, in case of breach of any of the precondition of bail, the Trial Court may consider on merit cancellation of bail without any impediment of this order.

The trial Court shall get these conditions reproduced on the personal bond by the accused and on surety bond by the surety concerned. If any of them is unable to write, the scribe shall certify that he had explained the conditions to the concerned accused or the surety.

C.C. as per rules.