Gyan Singh & Anr vs State Of M.P

Anand Pathak, J

The applicants have filed this second bail application u/S.439 Cr.P.C for grant of bail. Applicants have been arrested on 11-09-2021 by Police Station Dharnavada District Guna in connection with Crime No.325/2021 registered for offence under Section 34(2) of M.P. Excise Act, 1915.

It is the submission of learned counsel for the applicants that false case has been registered against them and they are suffering confinement since 11-09-2021 whereas charge-sheet has already been filed. As per accusation of prosecution, 60 bulk liters liquor was found from the possession of the applicants. According to learned counsel for the applicants, they do not bear any criminal record. Looking to the period of custody, their case be considered. They learnt the lesson hard way and would mend their ways and would not commit the same nature of offence. Confinement since 11-09-2021 amounts to pretrial detention. They undertake to cooperate in trial. They further undertake to abide by all the terms and conditions of guidance, circulars and directions issued by Central Government, State Government as well as Local Administration regarding measures in respect of COVID-19 Pandemic and maintain hygiene in the vicinity while keeping physical distancing. Thus prayed for grant of bail.

Counsel for the State opposed the prayer and prayed for dismissal of the bail application.

Heard learned counsel for the parties at length and considered the arguments advanced by them.

Considering the submission advanced by learned counsel for the parties and period of custody, as well as COVID-19 pandemic, without commenting on the merits of the case, it is hereby directed that the applicants shall be released on bail on their furnishing personal bond of Rs.50,000/- (Rupees Fifty Thousand only) each with one solvent surety each of the like amount to the satisfaction of trial Court.

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

1.The applicants will comply with all the terms and conditions of the bond executed by them;

The applicants will cooperate in the investigation/trial, as the case may be;

The applicants will not indulge themselves in extending inducement, threat or promise to any person acquainted with the facts 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 applicants shall not commit an offence similar to the offence of which he is accused;

The applicants will not move in the vicinity of complainant party and applicants will not seek unnecessary adjournments during the trial;

The applicants will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be; and

Application stands allowed and disposed of.

E-copy of this order be sent to the trial Court concerned for compliance and information.

Certified copy as per rules.