Jitendra @ Jittu vs State Of Madhya Pradesh

Virender Singh, J

As declared by the petitioner, this is the first application under Section 439 CrPC for grant of bail.

Allegation against the petitioner is that he has been found in illegal possession of 57 litres of country made liquor.

It is argued by the learned counsel for the petitioner that the co-accused has already been enlarged on anticipatory bail. It is further submitted that

the petitioner is permanent resident of District Chhindwara, there is no likelihood of his absconding or tempering with the prosecution case. On these

grounds, prayer is made to enlarge the petitioner on bail.

It is also submitted at Bar that the petitioner has no criminal antecedents.

Learned Public Prosecutor has opposed the bail, however, submits that the petitioner has no criminal antecedents.

Considering the quantity recovered and that the co-accused has already been enlarged on anticipatory bail as well as other facts and circumstances

of the case, I deem it appropriate to release the petitioner on bail, therefore, without commenting on the merits of the case, the petition is allowed.

It is directed that the petitioner-Jitendra @ Jittu be released from custody on his furnishing a personal bond in the sum of Rs.30,000/-(Rupees Thirty

Thousand Only) with one solvent surety of the like amount to the satisfaction of the Trial Court for his appearance before the Trial Court as and when

required further subject to the following conditions :-

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

(ii) The petitioner 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 petitioner shall not commit any offence or involve in any criminal activity;

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

cancelled.