Jitendra Bajpayi vs State Of Madhya Pradesh

Rajeev Kumar Dubey, J

This is first application under Section 439 of Cr.P.C. for grant of bail. Applicant Jitendra Bajpayi was arrested on 04/10/2020 in connection with Crime No.657/2020 registered at Police Station Chola Mandir, District Bhopal (M.P.) for the offence punishable under Sections 49(A), 36 of the M.P. Excise Act.

A s per prosecution case on 04/10/2020 on the information of the informant Police apprehended the applicant and seized 3 liter of country made liquor which was unfit for human consumption from his possession.

Learned counsel for the applicant submitted that the applicant has not committed any offence and has falsely been implicated in the offence. There is no chemical examination report / FSL report on record to show that the seized liquor was unfit for human consumption. The applicant has been in custody since 04/10/2020 and conclusion of trial will take time, hence prayed for release of the applicant on bail.

Learned counsel for the respondent/State opposed the prayer, but he fairly admitted that there is no report on record to show that the seized liquor was not fit for human consumption.

Looking to the facts and circumstances of the case, the contention of learned counsel for the applicant and the fact that the applicant is in custody since 04/10/2020 and conclusion of trial will take time, without commenting on the merits of the case, the application is allowed and it is directed that the applicant be released on bail upon furnishing personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand Only) with one surety in the like amount to the satisfaction of the concerned Court for his appearance before the trial Court on all such dates as may be fixed in this behalf by the trial Court during the pendency of trial.

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 trial;

The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the fact of the case so as to dissuade him from disclosing such facts to the Court or to the Police Officer; which he is accused;

The applicant will not seek unnecessary adjournments during the trial; and

The applicant will not leave India without prior permission of the trial Court.

Certified copy as per rules.