Devaram vs State Of Madhya Pradesh

Rajeev Kumar Dubey, J

This is the first application under section 439 Cr.P.C. for grant of bail. Applicant Devaram was arrested on 21/9/2020 in connection with Crime No.151/2020 registered at Police Station Gopalpur, Distt. Sehore (M.P.) for the offence punishable under Section 34(2) of M.P. Excise Act.

As per the prosecution case, on 21/9/2020, on the information of the informant police stopped a motorcycle bearing registration no. MP37MV3103, which was being driven by the applicant and seized 55 bulk litre of country made liquor from his possession which was illegally being carried by the applicant in two plastic drums.

Learned counsel for the applicant submits that the applicant is innocent and has falsely been implicated in the offence. The applicant has no criminal past and he is in custody since 21/9/2020. 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.

Looking to the facts and circumstances of the case and the quantity of liquor allegedly seized from the possession of the applicant and the fact that the applicant has no criminal past and he is in custody since 21/9/2020, charge sheet has been filed and the 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 his furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with separate surety in the like amount to the satisfaction of the concerned 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 of 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;

3.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 him 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;

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.

C.C.as per rules.