Manoj Khare vs State Of Madhya Pradesh

Rajeev Kumar Shrivastava, J

This is first application under Section 439 of CrPC for grant of bail.

The applicant has been arrested on 08/11/2021 in connection with Crime No.722/2021 registered at Police Station Civil Lines, District Morena for offence under Section 34 (2) of Excise Act.

It is submitted by learned counsel for applicant Manoj Khare that the applicant has been falsely implicated. He has not committed any offence. The allegation of recovery of 60 bulk litres of country-made liquor from the possession of the applicant is false. He is in jail since last more than a month. Trial will take long time to conclude. Hence, prayed for grant of bail to the applicant.

Per contra, learned State counsel opposed the bail application and has submitted that there is criminal history of four cases against the present applicant. Hence, prayed to reject the same.

Heard learned counsel for the rival parties and perused the materials available on record.

Considering the facts and circumstances of the case, without commenting upon the merits of the case, the application is allowed and it is hereby directed that the applicant be released on bail on his furnishing a personal bond in the sum of Rs.1,00,000/- (Rs. One Lakh Only) with one surety in the like amount to the satisfaction of the trial Court/Committal Court for his regular appearance before the Court on the dates given by the concerned Court.

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/her;

The applicant will cooperate in the investigation/trial, as the case may be;

3 . The applicant will not indulge herself/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 an offence of which he is accused;

5 . 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 Application stands allowed and disposed of.

E- copy of this order be sent to the trial Court concerned for Compliance.

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