Pinki @ Updesh vs State Of Madhya Pradesh

Sunita Yadav, J

The applicant has filed this first application u/S. 439 of Cr.P.C. for grant of bail.

The applicant has been arrested by police station Gohad Choraha, District Bhind in Connection with Crime No.83/2022 registered for the offence punishable under Section 34 (2) of Excise Act.

Prosecution story in brief is that on 23/4/2022 upon information received from the informer, police personnel of police station Gohad Choraha, District Bhind (M.P.) seized 54 litres of illicit liquor from the possession of the applicant for which present offence has been registered against the applicant. Learned counsel for the applicant argued that the applicant is innocent and has been falsely implicated. He is in custody since almost three months. Investigation is complete and charge-sheet has already been filed. It is further argued that there is no further requirement of custodial interrogation of the applicant. On these grounds, he prays for grant of bail to the applicant.

On the other hand, learned counsel for the State argued that as many as eight more criminal cases are registered against the present applicant, therefore, he should not be granted bail.

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

Considering the overall facts and circumstances of the case, 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 two solvent sureties of the like amount to the satisfaction of the trial Court/committal Court.

This order will remain operative subject to compliance of the following conditions by the applicant:-

1) The applicant will comply with all the terms and conditions of the bond executed by him;

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

3) 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;

4) The applicant shall not commit same nature of offence or any other offence during pendency of the trial, failing which, this bail order shall stand cancelled automatically without further reference to the Court.

5) The applicant will not seek unnecessary adjournments during the trial; and

6) The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.

Learned State counsel is directed to send an e-copy of this order to the Station House Officer of the concerned Police Station for information and necessary action.

E- copy of this order be sent to the trial Court concerned for compliance, if possible, by the office of this Court.

Certified copy as per rules.