Guddu Barman vs State Of Madhya Pradesh

Sushrut Arvind Dharmadhikari, J

Learned counsel for the rival parties are heard.

Case diary is perused.

The applicant has filed this second application under section 439 of Cr.P.C. for grant of bail. His earlier bail application has been dismissed as withdrawn vide order dated 17.06.2022 passed in M.Cr.C.No.26109/2022.

The applicant has been arrested on 08.05.2022 by Police Station Arkchi Kendra Excise Circle Station Maihar, District Satna (M.P.), in connection with Crime No.61/2022, registered in relation to the offence punishable under Sections 34(2) of M.P. Excise Act.

According to the prosecution case, on an information given by an informer, the police reached at the spot and seized 63 bulk liters of countrymade liquor from the possession of the applicant, for which he did not possess any valid licence. On the basis of the aforesaid, crime has been registered.

Learned counsel for the applicant submits that the applicant has been falsely implicated in the case. He is in custody since 08.05.2022. Charge sheet has been filed, therefore, no further custodial interrogation is required in the matter. Offence is triable by JMFC. Disposal of the matter will take long time. The applicant is permanent resident of District Satna (M.P.) and there is no likelihood of his absconsion or tampering with the prosecution evidence. He is ready to abide by the terms and conditions as may be imposed. With the aforesaid submissions, prayer for grant of bail is made out.

Learned Panel Lawyer for the respondent/State opposed the application by contending that on the basis of the allegations and material available on record, no case for grant of bail is made out and prays for its rejection.

However, it would not be desirable to enter into the merits of the rival contentions at this juncture.

Considering the overall facts and circumstances of the case coupled with the fact that the 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 be released on bail on furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One Lakh only) with two local solvent surety each of Rs.50,000/- to the satisfaction of the trial Court/committal Court for his appearance on the dates given by the concerned Court.

T h e applicant shall also furnish a written undertaking before the concerned court that he will abide by the terms and conditions of various circulars, as well as, orders issued by the Central Government, State Government and local administration from time to time such as maintaining social distancing, physical distancing, hygiene etc. to avoid proliferation of Corona virus.

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 his;

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 tor to the Police Officer, as the case may be;

The applicant shall not commit any other offence as well offence of similar nature during pendency of the trial, failing which this bail order shall stand cancelled automatically, without further reference to the Bench;

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 trial court concerned for compliance. Certified copy as per rules.