Santosh Yadav vs State Of Madhya Pradesh

Rajeev Kumar Dubey, J

This is the first application under Section 439 of Cr.P.C for grant of bail. The applicant Santosh Yadav was arrested on 07.08.2021 in connection with Crime No.205/2021 registered at Police Station Crime Branch Distt. Bhopal (M.P.) for the offence punishable under Section 34(2) of M.P. Excise Act.

As per the prosecution case, on 17.07.2021, on the information of informant, police stopped car bearing registration No.MP-04-CK-2067, which was being driven by co-accused Anil Sahu and seized 90 bulk liters of English liquor from his possession, which was illegally being carried by him in that car. On the information of co-accused Anil Sahu, police also seized 315 bulk liters of English liquor from his house, which was illegally kept by the co-accused in his house. On interrogation, co-accused informed the police that he purchased the said liquor from the present applicant Santosh Yadav.

Smt. Vineeta Yadav, wife of applicant submits that her husband is innocent and has falsely implicated in the case. There is no direct evidence on record to connect the applicant with the crime. Police only on the basis of memorandum of co-accused, implicated him in the crime. Applicant has no criminal past. He has been in custody since 07.08.2021. Charge-sheet has been filed and conclusion of trial will take time, so he be released on bail.

In the police report, it is mentioned that the applicant was also involved in the crime, so he should not be released on bail.

Looking to the facts and circumstances of the case and the fact that nothing has been recovered from the possession of the applicant, there is no direct evidence on record to connect the applicant with the crime, police only on the basis of memorandum of co-accused implicated him in the crime, while the confessional statement to police cannot be accepted as legal evidence against the applicant in the absence of any other incriminating piece of evidence, applicant is in custody since 07.08.2021, charge-sheet has been filed and conclusion of trial will take time, without commenting on the merits of the case, the application is allowed. It is directed that the applicant shall be released on bail on his furnishing personal bond in the sum of Rs.50,000/-(Rupees Fifty Thousand Only) with surety in the like amount to the satisfaction of the concerned CJM/trial Court for his appearance before the trial Court on all such dates as may be fixed in this behalf by the trial Court during the pendency of trial.

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 trial;

3.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 prior permission of the trial Court.

C.C. as per rules.