Mukesh Alias Mamu vs The State Of Madhya Pradesh

This is first bail application u/S 439 of Cr.P.C filed by the applicant for grant of bail.

The applicant has been arrested on 10.10.2019 by Police Station Excise, Ganj Basoda District Vidisha in connection with Crime No.322/2019 registered in relation to the offence punishable u/S 34(2) of Excise Act.

Applicant is in custody since 10.10.2019. The allegation against the applicant is that 54 bulk liters of illicit liquor has been recovered from the applicant and reading of the order of the lower Court does not indicate the presence of the criminal antecedents and trial would take considerable time to conclude. Charge sheet has been filed on 17.11.2019, therefore, the applicant may be released on bail.

Learned Public Prosecutor for the respondent/State opposed the prayer and prayed for dismissal of the application.

Heard learned counsel for parties and perused the case dairy. Considering the submissions advanced by the counsel for the applicant and on perusal of the case diary, without expressing any opinion on the merits of the case, this Court deems it appropriate to allow this application in the following terms.

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 o n furnishing a personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand Only) with two solvent sureties each of Rs. 25,000/- to the satisfaction of the concerned trial 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.

The applicant shall mark his attendance before the concerned police station in the first week of every month, till conclusion of investigation (pending if any) and if charge sheet is being filed, he will mark his presence as per the directions issued by the concerning trial Court.

In event of failure to comply with any of the terms and conditions, the State authorities will be at liberty to move for cancellation of bail.

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

C.c. as per rules.

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

C.c. as per rules.