Pappu vs State Of Madhya Pradesh

Vijay Kumar Shukla, J

This is first bail application under Section 439 of Cr.P.C for grant of regular bail in connection with crime No.299/2023 dated : not mentioned, registered at P.S. - Boda District - Rajgarh for offences punishable under Section 34(2) of M.P. Excise Act.

As per prosecution case, a raid was conducted and 648 bulk litre illicit liquor was seized. However, the applicant fled away from the spot.

Counsel for the applicant submits that the investigation has been completed, charge-sheet has been filed, no further custodial interrogation is required.

Counsel for the State opposes the prayer for grant of bail and submits that the secret information was received by name and there are four criminal cases registered against the applicant including the present case. However, he fairly admits that this is first offence of the applicant under Excise Act.

After hearing learned counsel for the parties and taking into consideration the fact that investigation has been completed, charge-sheet has been filed, no further custodial interrogation is required. There are four criminal cases registered against the present applicant, I am of the view that the applicant is entitled for grant of bail on following conditions:-

A) That the applicant shall not indulge in any offence while on bail.

If the applicant indulges in any offence while on bail, the prosecution shall be at liberty to apply for cancellation of bail.

B) That the applicant shall mark his presence before the concerned Police Station on every 15th of the month during the pendency of trial.

It is directed that applicant Pappu shall be released from custody upon furnishing a personal bond of Rs.50,000/- (Rupees Fifty thousand Only) with one surety of the like amount to the satisfaction of the Ld. Court below.

A typed copy of this order is being forwarded to the Office of the Advocate General, on their email address, for intimation to the Police Station concerned. The office is requested to forward a copy of this order to the Ld. Court below.

With the aforesaid, the application is allowed and disposed off.

Cc as per rules.