Kalla vs State Of M.P. & Anr

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 20/07/2021 by Police Station

Madhusudangarh, District Guna in connection with Crime No. 162/2021 registered for offence punishable under Sections 34 (2) of M.P. Excise Act.

Learned counsel for the applicant submits that applicant has been falsely implicated in the matter. Applicant was never involved in the case in hand.

As per prosecution, total 69 bulk liters of country-made liquor alleged to have been seized from the possession of applicant. The case is triable by the

Magistrate First Class.

The applicant is in custody since 20/07/2021 and his confinement amounts to pretrial detention.

He undertakes to cooperate in trial. On these grounds prayer for bail is made out.

Learned counsel for the State opposed the prayer and prayed for dismissal of the application.

Heard.

Considering the submission advanced and facts and circumstances of the case, without expressing any opinion on merits of the case, I deem it

appropriate to allow this application. It is hereby directed that on furnishing bail bond of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent

surety of like amount to the satisfaction of trial Court applicant shall be released on bail.

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; and

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

Application stands allowed and disposed of.

E-Copy/Copy of this order be sent to the trial Court concerned for compliance from the office of this Court.

E copy/Certified copy as per rules/directions.