Kishan vs State Of Madhya Pradesh

Rajeev Kumar Shrivastava, J

The applicant has filed this first application u/S.439 Cr.P.C for grant of bail. Applicant has been arrested on 16/07/2021 by Police Station Bairad, Distt. Shivpuri (M.P.) in connection with Crime No.264/2021 registered for offence under Section 34(2) of Excise Act.

It is submitted by learned counsel for the applicant- Shrikishan that the applicant has not committed any offence. He has falsely been implicated in this case. Applicant is in custody since 16/07/2021, i.e. for more than three & half months. It is further submitted that the allegation of recovery of 60 bulk liters of liquor from the possession of the applicant is false. There is no criminal antecedent against the applicant. Trial will take its own time. It is also submitted that in case of grant of bail, applicant is ready to abide by any condition which may be imposed by this Court. Hence, prays for grant of bail to the present applicant.

Learned State counsel has vehemently opposed the application and prayed to reject this application filed for grant of bail to the applicant.

Heard learned counsel for the parties at length and considered the arguments advanced by them and perused the documents available on record.

Considering the facts and circumstances of the present case, without commenting upon the merits of the case, the application is allowed and 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 the Court concerned for his regular appearance before the trial Court concerned on the dates fixed by it.

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 any kind of offence. In case of commission of any kind of offence, this bail order shall automatically stand cancelled;

The applicant will not move in the vicinity of complainant party and 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;

7 . The applicant will inform the SHO of concerned police station about his residential address in the said area and it would be the duty of the Public Prosecutor to send a copy of this order to SHO of concerned police station for information.

Application stands disposed of in above terms.

Let a copy of this order be sent to the trial Court concerned for compliance.

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