Bheemsen Sahu vs State Of M.P

Rajeev Kumar Dubey, J

This is second application under Section 439 of the Cr.P.C. for grant of bail. Applicant Bheemsen Sahu was arrested on 24/07/2020 in connection with Crime No.281/2020 registered at Police Station Jamodi, District Sidhi for the offence punishable under Section 34 (2) of the M.P. Excise Act.

The earlier bail application filed by the applicant was dismissed a s withdrawn by this Court vide order dated 10/08/2020 passed in M.Cr.C.No.26555/2020 with liberty to file afresh after some time.

A s per prosecution case on 24/07/2020 on information of the informant Police raided applicant's Dhaba located at village Padhara and seized 54 bulk liter country made liquor from his possession which was illegally kept by him in his Dhaba.

Learned counsel for the applicant submits that the applicant is innocent and has falsely been implicated in the offence. The earlier bail application filed by the applicant was dismissed as withdrawn with liberty to file afresh after some time. The applicant has been in custody since 24/07/2020 and conclusion of trial will take time, hence prayed for release of the applicant on bail.

On the other hand learned counsel for the respondent/State opposed the prayer and submitted that other offences are also registered against the applicant, so he should not be released on bail.

Looking to the facts and circumstances of the case, the quantity of liquor alleged to have been seized from the possession of applicant and the fact that except this case no other offence under Section 34(2) of the Excise Act has been registered against the applicant so far, the applicant is in custody since 24/07/2020 and conclusion of trial will take time, without commenting on the merits of the case the application is allowed and the applicant is directed to be released on bail upon furnishing 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 concerned C.J.M/trial Court for his appearance before the trial Court on all such dates as may be fixed in this behalf by the trial Court during the pendency Iof trial.

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 trial;

The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the fact of the case so as to dissuade them 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 he is accused;

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

The applicant will not leave India without prior permission of the trial Court.

Certified copy as per rules.