Jairam vs State Of M.P

Anand Pathak, J

The applicant has filed this first bail application u/S.439 Cr.P.C. for grant of bail. Applicant has been arrested on 17.08.2021 by Police Station Shamshabad, District Vidisha (M.P.) in connection with Crime No.393/2021 for the offence punishable under Section 49 (A) of M.P. Excise Act 1915.

It is the submission of learned counsel for the applicant that the applicant is suffering confinement since 17.08.2021 and according to the prosecution story, offfence of Section 49 (A) of M.P. Excise Act 1915 is alleged against the applicant where 10 liters illicit poisonous liquor is said to be recovered from the present applicant. If FSL report ultimately comes against the applicant then applicant is ready to surrender himself. Although it may be hazardous, but in long term, it causes cancer. Confinement amounts to pretrial detention. He undertakes to cooperate in trial. Applicant learnt the lesson hard way and would mend his ways and would not commit the same nature of offence. Under these grounds, he prayed for bail.

Learned Public Prosecutor for the respondent/State opposed the prayer. But he fairly submits that there is no criminal record against the present applicant.

Heard learned counsel for the parties and perused the documents appended thereto.

Considering the facts situation of the case, without commenting on the merits of the case, the application is allowed. It is directed that the applicant shall be released on bail on furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety of the like amount to the satisfaction of the Trial Court concerned.

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 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.

It is directed that in case it is found in the FSL report that the seized liquor was unfit for human consumption, then this order shall automatically stand recalled and the applicant shall surrender before the concerning trial Court immediately and if he does not surrender, then the trial Court shall be at liberty to take him into custody.

Application stands allowed and disposed of.

Copy of this order be sent to the trial Court concerned for compliance.

Certified copy as per rules.