Rajkumar Mongiya vs State Of Madhya Pradesh

Rajeev Kumar Shrivastava, J

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

Applicant has been arrested on 02/11/2022 by Police Station Satanwada District Shivpuri (M.P.) in connection with Crime No.123/2021 registered for offence under Section 49-A of Excise Act.

It is submitted by learned counsel for the applicant that this is second bail application under Section 439 of the Cr.P.C. Earlier first bail application was allowed vide order dated 06/9/2021 in M.Cr.C. No. 43875/2021 on the subject that if seized liquor from the possession of the applicant is found unfit for human consumption bail order shall automatically stand cancelled. FSL report of the seized liquor has been found positive, therefore, applicant has been arrested on 02/11/2022. It is further submitted that the allegation of recovery of 5 litres of liquor, which is not fit for human consumption, Investigation and trial will take its own time. Applicant is ready and willing to abide by any condition which may be imposed by this Court. Hence, prays for grant of bail to the present applicant.

Learned State counsel has vehemently opposed the application and has submitted that FSL report of the seized liquor is positive. There is one criminal case is pending against the applicant of similar nature. Hence, prayed to reject this application filed for grant of bail to the applicant.

Heard learned counsel for the parties at length and considered the arguments advanced by them and perused the case diary.

Considering the arguments advanced by learned counsel for the parties along with facts and circumstances of the present case, without commenting upon the merits of the case, the application is allowed and it is hereby directed that the applicant shall be released on bail on his furnishing personal bond of Rs.1,00,000/- (Rupees One Lakh only) with one solvent surety in the like amount to the satisfaction of the Court concerned for his regular appearance before the trial Court concerned on the dates fixed by it.

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

The applicant shall not commit any kind of offence. In case of commission of any kind of offence, this bail order shall automatically stand cancelled and whole amount of bail bonds shall be forfeited;

5 . The applicant will not move in the vicinity of complainant party and applicant will not seek unnecessary adjournments during the trial;

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

Application stands disposed of in above terms.

Let a copy of this order be sent to the trial Court concerned for compliance.

Certified copy as per rules.