Rajesh vs State Of Madhya Pradesh

Rajendra Kumar Verma, J

This is first application under section 439 of CrPC for grant of bail on behalf of the applicant.

The applicant is in custody since 16/11/2021 in connection with Crime No.806/2021, registered at Police Station Kishanganj, District Indore, for the offence punishable under section 34(2) of M.P.Excise Act, 1915.

Allegation against the applicant is that he is involved in the aforesaid offence wherein Police recovered 68 bulk liters of illicit liquor which was being transported by co-accused Dharmendra and Nilesh in Honda City Car bearing registration No. MP 09 CR 0133 without any valid license.

Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. The applicant is implicated in the present crime only on the basis of memo recorded by co-accused persons under Section 27 of Indian Evidence Act, apart from this there is nothing on record to implicate the applicant in the present crime. The case is triable by the Judicial Magistrate First Class. There is no criminal past of the applicant.

The applicant is in custody since 16/11/2021 and the conclusion of trial will take sufficient time. On the aforesaid grounds, prayer is made to release the applicant on bail.

Learned Panel lawyer has opposed the application and prayed for its rejection.

Looking to the facts and circumstances of the case, on a perusal of the material available on record including the case diary, without commenting on the merits of the case, this application is allowed.

It is directed that the applicant/accused be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) with one solvent surety in the like amount to the satisfaction the trial court for securing his presence before the said Court on all the dates of hearing fixed in this regard during trial. It is also directed that the applicant shall comply with the provisions of Section 437(3) Cr.P.C.

In view of the outbreak of 'Corona Virus disease (COVID-19)' the concerned jail authorities are directed to follow the directions/guidelines issued by the Government with regard to 'COVID-19' before releasing the applicant.

It is also observed that after being released on bail, if applicant again indulge himself in any criminal activity, the present bail order shall stand cancelled without further reference to the Court and the police shall be entitled to arrest applicant in the present case also.

This order shall remain effective till the end of the trial but in case of bail jump and breach of any of the pre-condition of bail, it shall become ineffective and cancelled without reference to this Bench.

Certified Copy as per rules.