Pyala @ Ashif And Others vs State Of Madhya Pradesh

Arun Kumar Sharma, J

This is the first bail application filed by the applicants under Section 439 of the Cr.P.C.

The applicants are in custody since 26.05.2021 in connection with Crime No.178/2021 registered at P.S. Pipariya, District Hoshangabad (MP) for the

offence punishable under Section 34(2) of the M.P. Excise Act.

As per the prosecution, 60 bulk litres of illegal country made liquor alleged to have been seized from the possession of the applicants.

Learned counsel for the applicants submits that the applicants have b een falsely implicated. There are no criminal antecedents against the applicants.

It is stated that the applicants are in jail since 26.05.2021, and the trial would take considerable time to conclude, therefore, the applicants may be

released on bail.

Learned Panel Lawyer on the other hand, has vehemently opposed the bail application, however, he has conceded that the applicants have no criminal

antecedents.

Considering overall facts and circumstances of the case and the facts that the applicants have no criminal antecedents, without expressing any view

on the merits of the case, this application is allowed.

It is directed that applicants be released on bail on their furnishing a personal bond in the sum of Rs.50,000/- (Rupees fifty thousand only) e a c h with

one surety in the like amount to the satisfaction of the trial Court/committal Court for their appearance on the dates given by the concerned Court.

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

The applicants will comply with all the terms and conditions of the bond executed by themselves,

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

3 . The applicants will not indulge themselves in extending inducement, threat or promise to any person acquainted with the facts of the case so as to

dissuade them from disclosing such facts to the Court or to the Police Officer, as the case may be;

4 . The applicants shall not commit any other offence during pendency of the trial, failing which this bail order shall stand cancelled automatically

without further reference to the Bench.

The applicants will not seek unnecessary adjournments during the trial; and

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

7 . The learned concerned Magistrate and the prosecution are directed to ensure following of Covid-19 precautionary protocol prescribed from time to

time by the Supreme Court, the Central Govt. and as well as the State Govt.

A typed copy of this order be forwarded by the Registry to the Office of the Advocate General and to the concerned learned Panel Lawyer, o n their

respective email address for intimation to the Police Station concerned. The office is requested to forward a copy of this order to the learned Court

below also.

Certified copy/e-copy as per rules/directions.