Dharmendra Singh Gurjar vs State Of Madhya Pradesh

Sunita Yadav, J

This is the first application filed by the applicant under Section 439 of the Cr.P.C. for grant of bail relating to Crime No.178 of 2024 registered at Police Station Gwalior, District Gwalior (M.P.) for the offence under Section 34 (2) of M.P. Excise Act.

Allegation against the present applicant is that 81 bulk litres of illicit liquor has been seized from the possession of the applicant for which he was not having any valid license.

Learned counsel for the applicant argued that applicant is innocent and has been falsely implicated. He is in custody since 10.5.2024. It is further argued that liquor has already been seized, therefore, there is no requirement of further custodial interrogation of the applicant. Offence is triable by JMFC and trial is likely to take long time to conclude. Further argument is that applicant is the permanent resident of District Morena (M.P.) and there is no possibility of his absconsion or tampering with the prosecution evidence. Hence, prayed for grant of bail to the applicant.

On the other hand, learned counsel for respondent/State opposed the bail application citing criminal history of the applicant and prayed for its rejection.

Heard learned counsel for the rival parties and perused the case diary. Considering the facts and circumstances of the case, but without expressing any opinion on merits of the case, this application is allowed and it is directed that the applicant be released on bail on furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One Lakh Only) along with one solvent surety in the like amount to the satisfaction of the trial Court/Committal Court.

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

1) The applicant will comply with all the terms and conditions of the bond executed by him/her;

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

3) The applicant will not indulge himself/herself 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;

4) The applicant shall not commit an offence similar to the offence of which he/she is accuse. In case offence of same nature is repeated, this bail order shall automatically stand cancelled;

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/Investigating Officer, as the case may be.

Learned State counsel is directed to send an e-copy of this order to the Station House Officer of the concerned Police Station for information and necessary action.

E- copy of this order be sent to the trial Court concerned for compliance, if possible, by the office of this Court.

Certified copy as per rules.