Jugal And Another vs State Of Madhya Pradesh

Nandita Dubey, J

This is the first bail application filed by the applicants under Section 439 of the Cr.P.C.

The applicants are in custody since 06.05.2021 in connection with Crime No. 177/2021 registered at P.S.-City Kotwali, Harda, District Harda (MP)

for the offence punishable under Section 34(2) of the M.P. Excise Act.

As per the prosecution, 54 bulk litres of illegal country made liquor alleged to have been seized from the possession of the applicants.

Learned counsel for the applicants has submitted that the applicants have been falsely implicated. He has further submitted that the applicants are in

jail since 06.05.2021 and trial would take considerable time to conclude, therefore, he may be released on bail.

Learned Panel Lawyer, on the other hand, has vehemently opposed the bail application and prayed for rejection of the same. However, he has fairly

submitted that there is no past criminal antecedents of the applicants.

Considering the aforesaid, I am of the view that it is a fit case to enlarge the applicants on bail, therefore, without expressing any view on the merits of

the case, this application is allowed.

It is directed that applicants Jugal and Nikhil shall be released on bail on their each furnishing a personal bond in the sum of Rs.35,000/- (Rs.Thirty

Five Thousand only) with one surety in the like amount to the satisfaction of the trial Court for their presence before the said Court on all the dates of

hearing fixed in this regard during the trial.

This order will remain operative subject to compliance of the following conditions :-

“1. The applicants will comply with all the terms and conditions of the bond executed by them;

The applicants will cooperate in the investigation/trial, as the case may be;

The applicants will not indulge themselves in extending inducement, threat or promise to any person acquainted with the facts of the case

so as to dissuade him/her from disclosing such facts to the Court or to the Police Officer, as the case may be;

The applicants shall not commit any other offence during pendency of the trial, failing which this bail order shall stand cancelled

automatically without further reference to the Bench;

The applicants will not seek unnecessary adjournments during the trial;

The applicants will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.

The learned concerned Magistrate and the prosecution are directed to ensure following of Covid-19 precautionary protocol prescribed

from time to time by the Supreme Court, the Central Govt. and as well as the State Govt. â€​

A typed copy of this order be forwarded by the Registry to the Office of the Advocate General and to learned Panel Lawyer, on their respective

email address, for intimation to the Police Station concerned. The office is also directed to forward a copy of this order to the learned Court below.

Certified copy/e-copy as per rules/directions.