Laxminarayan @ Lucky Prajapati vs State Of M.P

Rajeev Kumar Dubey, J

In the absence of learned counsel for the parties, the matter is considered on the basis of averments made by the applicant in his petition and case

dairy.

This is first application filed under section 439 Cr.P.C. Applicant Laxminarayan @ Lucky Prajapati was arrested on 01.08.2021 in Crime No.187/2021

registered at Police Station Garhakota, District Sagar for the offence punishable under Sections 34(2) of M.P. Excise Act.

As per prosecution case, on 03.06.2021, at around 6:00 PM on the information of informant, police stopped vehicle bearing

Chassis No.MA3EWB22SMD704961 and Engine No.K12MN762922 which was being driven by the co-accused Sunil Patel and seized 72 bulk liters

of country made liquor from the possession of co-accused Sunil Patel and Rajpal, which was illegally being carried by them in that car. It is alleged

that applicant Laxminarayan @ Lucky Prajapati and co-accused Dharmendra @ Chhotu Lodhi were also travelling in that car at the time of incident.

They fled away from the spot.

The applicant has averred in his application that he is innocent and has falsely been implicated in this case. The applicant has been in custody since

01.08.2021 and the conclusion of trial will take time, hence prayed for release of the applicant on bail.

In the police report it is mentioned that applicant was also involved in the crime, so he should not be released on bail.

Looking to the facts and circumstances of the case and the fact that the applicant is in custody since 01.08.2021 and conclusion of trial will take time,

without commenting on the merits of the case, the application is allowed and it is directed that the applicant be released on bail upon his furnishing

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 concerned C.J.M/trial

Court for his appearance before the trial Court on all such dates as may be fixed in this behalf by the trial Court during the pendency of trial.

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 trial;

The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the fact of the case so as to

dissuade him 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 prior permission of the trial Court.

C.C. on payment of usual charges.