Kalectar 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 22.12.2020, by Police Station-

Chanderi, District Ashoknagar, in connection with Crime No.708/2020, for the offence punishable under Sections 34(2) of the MP Excise Act.

It is the submission of learned counsel for the applicant that applicant is suffering confinement since 22.12.2020 and trial would take considerable time

to conclude. As per prosecution case, 60 bulk liters of country made liquor alleged to have been seized from the possession of the applicant. Applicant

does not bear any criminal record. Confinement amounts to pretrial detention. He would not commit any offence of same nature. He learnt the lesson

hard way and would mend his ways and would become a better citizen. He undertakes to cooperate in trial as well as investigation and would

available as and when required. He would not be a source of embarrassment or harassment to the complainant. Under these grounds, prayer for bail

has been made.

Learned Panel Lawyer for the State opposed the prayer and prayed for its dismissal.

Heard learned counsel for the parties at length through VC and considered the arguments advanced by them.

Considering the submissions advanced by the learned counsel for the parties and the fact situation, without commenting on the merits of the case, the

application is allowed. It is hereby directed that the applicant shall be released on bail on his furnishing personal bond of Rs.50,000/- (Rupees Fifty

Thousand only) with one solvent surety in the like amount to the satisfaction of trial Court.

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 them 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;

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

He would not commit any offence of same nature and he learnt the lesson hard way and would mend his ways and would become a better citizen

Application stands allowed and disposed of.

E- copy of this order be sent to the trial Court concerned for compliance, if possible for the office of this Court.

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