Manohar Kirar vs State Of Madhya Pradesh

Vishal Dhagat, J

This is the first application filed by the applicant under Section 439 of the Code of Criminal Procedure for grant of regular bail relating to FIR No.65/2023 registered at Police Station-Bankhedi, District-Narmadapuram (M.P.) for the offence under Section 34(2) of the MP Excise Act.

Learned counsel appearing for the applicant submitted that applicant is innocent and falsely been implicated in the case. As per prosecution story, 60 bulk liters country made liquor has been seized from applicant. He is in jail since 11.03.2023. Offence is triable by JMFC. No offence under Section 34(2) of the MP Excise Act is made out against the applicant. It is submitted that applicant will cooperate in investigation and will not tamper with evidence or influence witnesses of the case. In these circumstances, applicant may be enlarged on bail.

Learned Government Advocate appearing for the State opposed the application for grant of bail. It is submitted that three more criminal cases are registered against applicant. If he is released on bail he may influence the witnesses of the case.

Heard the counsel for the parties.

Considering aforesaid circumstances of the case and also the fact that earlier offences which are said to have been committed by applicant are paltry in nature, investigation is complete and charge sheet has been filed, bail application filed by applicant is allowed on following condition:-

Application will mark his presence before concerned police station on 1st of every month;

If applicant is found involved in any other offence in future then prosecution is at liberty to file application for cancellation of bail granted him today.

It is directed that applicant be released on bail on his furnishing personal bond of Rs.50,000/-(Rs.Fifty Thousand only) with one solvent surety in the like amount to the satisfaction of the trial court for his regular appearance before concerned Court on all such dates as may be fixed in this regard during pendency of trial.

The applicant shall also abide by the conditions enumeration under Section 437 (3) of Cr. P. C.

C.C. as per rules.