Halke@Vijay Singh Rawat vs State Of Madhya Pradesh

Sanjeev S Kalgaonkar, J

This first bail application has been filed by applicant under Section 439 of the Code of Criminal Procedure, 1973 for grant of bail in connection with Crime No.143 of 2023 registered at Police Station Veerpur, District Shoepur (M.P.), for an offence punishable under Section 34(2) of the Excise Act. The applicant is in judicial custody since 24-11-2023.

According to the prosecution case, on secret information, on 01-10-2023 ASI Parmal Singh of Police Station Veerpur along with police force reached hutment of applicant at Village Chhavar and intercepted him. From possession of applicant, 61.2 liters of illicit country-made plain liquor was recovered. On such allegations, Crime No.143 of 2023 was registered by PS Veerpur, District Shoepur for an offence punishable under Section 34(2) of Excise Act against the applicant. Applicant was arrested on 24-11-2023. He in custody ever since. Relevant seizure has been made. Statements of witnesses have been recorded. On completion of investigation, final report has been submitted on 16-10-2023.

Learned Counsel for the applicant, in addition to the grounds mentioned in the application, submits that applicant has been falsely implicated in this matter. Applicant is aged around 35 years. He is the permanent resident of District Sheopur (M.P.). He is the sole bread earner in the family, therefore, there is no likelihood of his absconsion leaving behind his family and home.

Investigation is complete, therefore, there is no likelihood of his interfering with the investigation or tampering with the evidence. No further custodial interrogation is required. Jail incarceration is causing hardship to the applicant and his family. No criminal antecedent is alleged against the applicant. The alleged offence is triable by Judicial Magistrate First Class. The trial would take time to complete. Therefore, applicant may be extended the benefit of bail.

Per contra, learned Counsel for the State opposes the bail application and prays for its rejection.

Heard learned counsel for the parties and perused the case diary. Considering the arguments advanced by both the parties and overall circumstances of the case but without commenting on merits of the case, this Court is inclined to release the applicant on bail. Thus, the application is allowed.

Accordingly, it is directed that the applicant Halke alias Vijay Singh Rawat shall be released on bail in connection with Crime No.143 of 2023 registered at Police Station Veerpur, District Shoepur (M.P.), for an offence punishable under Section 34(2) of the Excise Act, upon furnishing a personal bond in the sum of Rs. 50,000/- (Rs. Fifty Thousand Only) with one solvent surety of the same amount to the satisfaction of the Trial Court, for compliance with the following conditions, :

The applicant shall remain present on every date of hearing as may be directed by the concerned Court;

The applicant shall not commit or get involved in any offence of similar nature;

The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them/him/her from disclosing such facts to the Court or to the investigating officer;

The applicant shall not directly or indirectly attempt to tamper with the evidence or allure, pressurize or threaten the witness;

The applicant shall ensure due compliance of provisions of Section 309 of Cr.P.C regarding examination of witness in attendance;

This order shall be effective till the end of trial. However, in case of breach of any of the pre-condition of bail, it shall become ineffective without reference to the Court.

CC as per rules.