Ritik Hada vs State Of Madhya Pradesh

Vijay Kumar Shukla, J

This is second application under Section 439 of the Cr.P.C. filed on behalf of the applicant in connection with Crime No.124/2024 registered at Police Station Pipalrav, Distt. Dewas (M.P.) under Sections 34(2) of Excise Act.

The first application was dismissed as withdrawn.

The allegation against the applicant is that 60 bulk litre liquor was seized. The applicant is in jail since 29.3.2024. The investigation is complete, charge sheet is filed.

Counsel for State opposed the prayer and submits that the liberty granted by order dated 8.5.2024 has yet not been completed.

After hearing learned counsel for parties and taking into consideration the period of one month has almost completed, the applicant is in jail since 29.3.2024, the charge sheet is already filed, considering the criminal record, I am of the view that the applicant is entitled for grant of conditional bail. Therefore, without expressing any view on the merits of the case, the application is allowed.

It is directed that Applicant shall be released from custody upon furnishing a personal bond of Rs.50,000/- (Rupees Fifty Thousand Only) with one surety of the like amount to the satisfaction of the Ld. Court below on the condition that he shall not indulge in any offence during bail and if he indulges in any offence, the prosecution may file application for cancellation of bail. The applicant shall mark his presence before the concerned P.S. on every 15th of month during trial.

It is further made clear that if it is found that the applicant is involved in any other case during the trial, this bail order shall stand cancelled automatically without reference to the Court and the Police will be at liberty to arrest the applicant.

A typed copy of this order is being forwarded to the Office of the Advocate General, on their email address, for intimation to the Police Station concerned. The office is requested to forward a copy of this order to the Ld. Court below.