Girraj vs State Of Madhya Pradesh

Learned counsel for the rival parties are heard.

The applicant has filed this first application under section 439 of the Cr.P.C. for grant of bail.

The applicant has been arrested by Police Station Excise Karahal, District Sheopur in connection with Crime No.122/19 registered in relation to the offence punishable under section 34(2) of the M.P.Excise Act.

Allegations against the applicant, in short, are that he was found in illegal possession of fifty-five bulk litres of country made liquor.

Learned counsel for the applicant submits that the applicant has been falsely implicated. He is in custody since 4/10/19. Applicant has no criminal antecedents. He is a permanent resident of Village Nimoda Math, District Sheopur, and there is no likelihood of his absconding or tampering with the prosecution evidence. He is ready and willing to abide by the conditions as may be imposed by this Court. With the aforesaid submissions, prayer for grant of bail is made.

Learned Public Prosecutor opposed the application and prayed for its rejection by contending that on the basis of the allegations and the material available on record, no case for grant of bail is made out.

However, it would not be desirable to enter into the merits of the rival contentions at this juncture. Considering the facts and circumstances of the case coupled with the fact that trial is not likely to conclude in near future and prolonged pre-trial detention being an anathema to the concept of liberty, 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 Girraj be released on bail on furnishing a personal bond in the sum of Rs. 50,000/- (Rupees Fifty Thousand only) with two solvent sureties each in the like amount to the satisfaction of the trial Court/committal Court for his appearance on the dates given 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 he 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.

C.c. as per rules.