Raju Shah vs State Of Madhya Pradesh

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

The applicant has been arrested by Police Station Bahodapur District Gwalior (M.P.) in connection with Crime No. 686/2019 registered in relation to the offences punishable u/S. and 49(A) of the Excise Act.

It is submitted by the counsel for the applicant that according to the prosecution case, five liters of liquor is alleged to have been seized from the possession of the applicant. He has been falsely implicated. The applicant undertakes to abide by all the conditions which may be imposed by this Court. The applicant is in custody from 25/09/2019 and the trial is likely to take sufficiently long time and there is no possibility of his absconding or tampering with the prosecution case.

Learned Panel Lawyer for the State opposed the application and prayed for its rejection by contending that on the basis of the allegations and the material available on record, no case for grant of bail is made out.

Considering the facts that applicant is in custody since 25/09/2019 and as per FSL report, the parameters are negative though it is mentioned that it is unfit for human consumption but there is no allegation of consumption of the liquor seized from the possession of the applicant and the minimum punishment prescribed for offence under section 49(A) of Excise Act is four months and the applicant had already suffered incarceration of two months and early conclusion of the trial is bleak possibility and prolonged pre-trial detention being an anathema to the concept of liberty, this Court is inclined to extend the benefit of bail to the applicant.

Accordingly, 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/- (Rs. Fifty Thousand only) with one solvent surety in the like amount to the satisfaction of the concerned trial Court.

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

The applicant shall not commit an offence similar to the offence of which he is accused;

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

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

A copy of this order be sent to the Court concerned for compliance.

C.c. as per rules.