Manish vs State Of MP

Vivek Rusia, J

This is first bail application under Section 438, Cr.P.C. for grant of bail in connection with Crime No.28/2021, Police-Station- Jeeran, District- Neemuch for the commission of offence under Sections 379, 414 of the Indian Penal Code.

As per prosecution case, on 18.01.2021 on a routing patrolling the mining officer has apprehended Trailor bearing No.RJ-09-GC-7468 driven by Kanhaiyalal and from the said Trailor illegal sand was found and the driver has failed to produce any permit or pass to extract the mineral. Accordingly the case under MMDR Act was registered against the applicant.

Learned counsel for the applicant submits that the applicant is first offender and he has deposited the compounding fees of Rs.2,10,000/- and the matter was closed. Now offence under Section 379 and 414 of the I.P.C. has been registered against the driver as well as owner. He was not found on the spot and he was not aware that driver was using the trailor for transportation of illegal sand. Under these circumstances, learned counsel for the applicant prays for grant of bail to the applicant.

Learned panel lawyer for the respondent/State opposes the bail application.

Considering the fact and circumstances, without commenting on the merit of the case, the application is allowed. It is directed that in the event of arrest of the applicant in connection with the aforesaid crime number, he shall be released on bail upon his furnishing personal bond in the sum of Rs.40,000/-- (Rupees Forty Thousand) with one surety in the like amount to the satisfaction of the arresting officer. This order shall be governed by the following conditions:

(a) the applicant shall co-operate with the investigation and make himself available for interrogation by a police officer as and when required;

(b) he shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer;

(c) If the applicant is found involved in any criminal case of the same nature during this bail period, this order granting the benefit of anticipatory bail shall be liable to be cancelled; and

(d) he shall not leave the territory of India without the prior permission of the Court.

Certified copy as per rules.