Monu Raja Chouhan vs State Of Madhya Pradesh

Sanjeev S Kalgaonkar, J

This first bail application has been filed by applicant under section 439 of the Code of Criminal Procedure, 1973 for grant of bail in connection with Crime No.261 of 2023 registered at Police Station Karera, District Shivpuri (M.P.), for an offence punishable under section 34(2) of the Excise Act. The applicant is in judicial custody since 02.08.2023.

According to the prosecution case, on 06.05.2023 Head Constable Abhayraj Singh o f Police Station- Karera, District Shivpuri, on secret information intercepted the applicant from village-Badora. Applicant was found to be in possession of two blue cans containing illicit liquor quantity more than 50 bulk liters. On suspicion, offence punishable under Section 34(2) of M.P. Excise Act was registered by Police Station-Karera and applicant was arrested.

Learned Counsel for the applicant submits that applicant is a young boy aged about 22 years and has been falsely implicated in this matter. He is a resident of Village-Karakheda, Police Station- Pichhore, Distt. Shivpuri. Applicant is an agriculturist by profession. He is sole bread earner in the family and there is no likelihood of his absconding leaving family and property. The investigation is almost complete, therefore, there is no likelihood of interference in the investigation. No further custodial interrogation is needed. Jail incarceration is causing financial hardship to the family of the applicant. The alleged offence is triable by Judicial Magistrate First Class. The trial would take time to complete. Therefore, applicant may be extended the benefit of bail.

Per contra, learned Counsel for the State opposes the bail application.

Heard learned learned counsel for the parties and perused the case diary.

Considering the arguments advanced by both the parties and overall circumstances of the case but without commenting on merits of the case, this Court is inclined to release the applicant on bail. Thus, the application is allowed.

Accordingly, it is directed that the applicant Monu Raja Chouhan shall be released on bail in connection with Crime No.261 of 2023 registered at Police Station-Karera, District Shivpuri (M.P.), for an offence punishable under section 34(2) of the Excise Act, upon furnishing a personal bond in the sum of Rs. 50,000/- (Rs. Fifty Thousand Only) with one solvent surety of the same amount to the satisfaction of the Trial Court, for compliance with the following conditions, :

The applicant shall remain present on every date of hearing as may be directed by the concerned Court;

The applicant shall not commit or get involved in any offence of similar nature;

The applicant 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 them/him/her from disclosing such facts to the Court or to the investigating officer;

The applicant shall not directly or indirectly attempt to tamper with the evidence or allure, pressurize or threaten the witness;

The applicant shall ensure due compliance of provisions of Section 309 of Cr.P.C regarding examination of witness in attendance;

This order shall be effective till the end of trial. However, in case of breach of any of the pre-condition of bail, it shall become ineffective without reference to the Court.

CC as per rules.