Ramesh Banjara vs State Of Madhya Pradesh

Anand Pathak, J

The applicant has filed this first bail application u/S.439 Cr.P.C for grant of bail. Applicant has been arrested on 20/6/2022 by Police Station Girwai, District Gwalior in connection with Crime No. 77/2021 registered for offence punishable under Sections 34(1), 49-A of Excise Act.

It is the submission of learned counsel for the applicant that applicant is suffering confinement since 20/6/2021 and charge-sheet has already been filed. During investigation, applicant was not arrested by the police and notice under Section 41(1) of Cr.P.C. was issued to him and he participated in investigation. Later on, with the filing of charge-sheet when he appeared before the trial Court then trial Court sent him to jail. Said step is contrary to the judgment rendered by Apex Court in the case of Amanjit Singh Vs. CBI through Director (Criminal

Appeal No. 929/2021 decided on 2/9/2021), Sidharth Vs. State of U.P. And Ors. (Criminal Appeal No. 838/2021 decided on 16/8/2021) and order dated 13/9/2021 passed by coordinate Bench (Indore Bench) in M.Cr.C.No. 42154/2021 ( Neeraj Singh and Ors. Vs. State of Madhya Pradesh). It is further submitted that looking to the period of custody and the fact that charge-sheet has already been filed, no custodial interrogation is required. Applicant does not bear any criminal record. His confinement amounts to pretrial detention. He undertakes to cooperate in trial and that he will not involve in any criminal activity in future.

Learned counsel for the State opposed the prayer and prayed for dismissal of the application.

Heard.

Considering the facts situation of the case, without expressing any opinion on merits of the case, I deem it appropriate to allow this application but with certain stringent conditions. It is hereby directed that on furnishing bail bond of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety to the satisfaction of trial Court applicant shall be released on bail.

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 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.

Application stands allowed and disposed of.

Copy of this order be sent to the trial Court concerned for compliance from the office of this Court.

Certified copy as per rules/directions.