Mukesh Alias Mamu vs State Of Madhya Pradesh

The applicant has filed this first application under section 439 of the Cr.P.C. for grant of bail.

The applicant has been arrested by Police Station Ganjbasoda, District Vidisha in connection with Crime No.363/2019 registered in relation to the offence punishable under section 34(2) of the M.P. Excise Act.

Allegations against the applicant, in short, are that 58 bulk liters of country liquor was recovered from possession of the applicant. On the aforesaid basis, crime has been registered against the applicant.

It is mentioned in the bail application that applicant has falsely been implicated in the matter and he is in custody since 10/10/2019. Conclusion of trial is likely to take time. The applicant is a permanent resident of village Nasidpur Tehsil Basoda, District Vidisha (M.P.) and there is no likelihood of his absconsion if released on bail. With the aforesaid submissions, prayer for grant of bail is made.

Considering the fact that prolonged pre-trial detention is an anathema to the concept of liberty, this Court is inclined to extend the benefit of bail to the applicant.

Accordingly, without expressing any opinion on merits of the case, this application is allowed and it is directed that the applicant be released on bail on furnishing a personal bond in the sum of Rs. 50,000/- (Rupees Fifty Thousand only) with one surety bond of the same amount to the satisfaction of the Trial Court /Committal Court for his appearance during trial on the dates fixed 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;

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

The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her 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 previous permission of the trial Court/Investigating Officer, as the case may be.

This order shall remain effective during trial, but in case of bail jump or involvement in same kind of offence while on bail, the same shall stand cancelled automatically.

A copy of this order be sent to the Court concerned for compliance.

C.C. as per rules.