Kamlesh Kumar Sahu vs State Of Madhya Pradesh

Nandita Dubey, J

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

The applicant is in custody since 25.09.2021 in connection with Crime No. 173/2021 registered at P.S.-Excise, District Bhopal (MP) for the offence punishable under Section 34(1) Ka (2) of the M.P. Excise Act.

As per prosecution, 162 bulk litres of illegal country made liquor alleged to have been seized from the vehicle which was being driven by the present applicant. It is alleged that the present applicant, after seeing the police party, ran away from the spot.

Learned counsel for the applicant has submitted that the applicant has been falsely implicated. It is stated that the applicant is only a driver of the vehicle, the same is registered in sombody else's name. He has further submitted that the applicant is in jail since 25.09.2021 and trial would take considerable time to conclude, therefore, he may be released on bail.

Learned counsel appearing for the State, on the other hand, have vehemently opposed the bail application and prayed for rejection of the same. They submitted that one criminal case was also registered against the applicant in the year 2020.

Considering the fact that the applicant is in custody since last about two months, I am of the view that it is a fit case to enlarge the applicant on bail, therefore, without expressing any view on the merits of the case, this application is allowed.

It is directed that applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.50,000/-(Rs.Fifty Thousand only) with one surety in the like amount to the satisfaction of the trial Court for his 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 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 him/her from disclosing such facts to the Court or to the Police Officer, as the case may be;

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

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.

Certified copy as per rules.