Jogendra Singh 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. 400/2023 registered at Police Station Kolaras, District Shivpuri (M.P.), for an offence punishable under Section 34(2) of the Excise Act. The applicant is in judicial custody since 05.11.2023.

According to the prosecution case, on 05.11.2023, Head Constable Vishal Singh of Police Station Kolaras, on secret information, along with police force reached at Village Bhati in front of the house of applicant Joginder Singh and intercepted him. Applicant was found to be in possession of country made raw liquor quantity 60 bulk liters, therefore, offence punishable under Section 34(2) of M.P. Excise Act was registered by Police Station Kolaras, District Shivpuri (M.P.) and applicant was arrested on 05.11.2023. He is in custody ever since. Relevant seizures have been made. Statement of witnesses have been recorded. Investigation is almost complete.

Learned Counsel for the applicant, in addition to the grounds mentioned in the application, submits that applicant has been falsely implicated in this matter. He is permanent resident of District Shivpuri (M.P.). Applicant is aged around 42 years and is driver by profession. He is sole bread earner in the family, therefore, there is no likelihood of his absconding leaving family and property. There is no likelihood of interference in the investigation. No criminal antecedent of similar nature is reported against the applicant. No further custodial interrogation is required. Jail incarceration is causing financial hardship to the family of 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.

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 Jogendra Singh shall be released on bail in connection with Crime No. 400/2023 registered at Police Station Kolaras, District Shivpuri (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.