High CourtsSingle Bench

Irfan And Saif And Others vs State Of M.P

Madhya Pradesh High Court · Decided on 11 November 2020 · Citation: (2020) 11 MP CK 0068

HON’BLE JUDGES
Virender Singh, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 439
RESULT
Allowed
CASE NUMBER
Miscellaneous Criminal Case No. 44736, 45408 Of 2020
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Judgment

20 paragraphs · 270 words

Virender Singh, J

Crime No.

Under Section

Police Station

Date of Arrest

644/2020

34(2) Excise Act

Chandan Nagar Indore

02/10/2020

07/10/2020

22/10/2020

1.

As declared by the petitioners, these are first bail applications under Section 439 of Cr.P.C.

2.

The only inculpatory evidence against the petitioners are memorandum statement of co-accused Subhash S/o Kailash from whose possession the police have recovered 371.52 bulk litres illegal liquor.

3.

Undisputedly, they have no criminal record.

4.

Considering the aforesaid and other facts and circumstances of the case, I deem it proper to release the accused/petitioners on bail. Therefore, without commenting on merits of the case, the application is allowed.

5.

It is directed that the petitioners Irfan S/o Salim, Saif Ali S/o Mubarik Patel and Aarif S/o Mohammad be released from custody on their furnishing a personal bond in the sum of Rs.25,000/-(Rupees Twenty Five Thousand Only) each with one solvent surety each to the satisfaction of the Trial Court for their appearance before the Trial Court as and when required further subject to the following conditions :-

(I) The petitioners shall co-operate with the trial and shall not seek unnecessary adjournments on frivolous grounds to protract the trial.;

(ii) The petitioners shall not directly or indirectly allure or make any inducement, threat or promise to the prosecution witnesses, so as to dissuade him from disclosing truth before the Court;

(iii) The petitioners shall not commit any offence or involve in any criminal activity;

(iv) In case of their involvement in any other criminal activity or breach of any other aforesaid conditions, the bail granted in this case may also be cancelled.