Saransh Rai vs State Of Madhya Pradesh

Rajeev Kumar Dubey, J

This is the second application under Section 439 of Cr.P.C for grant of bail. The applicant Saransh Rai was arrested on 14.01.02021 in connection with Crime No.40/2021 registered at Police Station Gorakhpur Distt. Jabalpur (M.P.) for the offence punishable under Sections 34(2) of M.P. Excise Act.

Earlier bail application of the applicant was dismissed as withdrawn by this Court vide order dated 10.02.2021 passed in M.Cr.C. No.5716/2021with liberty to file afresh after filing of the charge-sheet.

As per the prosecution case, on 14.01.02021, on the information of informant, police stopped one swift car bearing registration no.MP-20-CE-5537, which was being driven by the applicant Saransh Rai and seized 144 bulk liter of country made liquor, which was illegally being carried by him in that car.

Learned counsel for the applicant submits that the applicant is innocent and has falsely been implicated in the offence. The applicant has been in custody since 14.01.02021. Charge-sheet has been filed and conclusion of trial will take time, hence it is prayed that the applicant be released on bail.

Learned counsel for the State opposed the prayer and submitted that one other offences is also registered against the applicant, so he should not be released on bail.

Looking to the facts and circumstances of the case and the fact that no other offence under Section 34 (2) of M.P. Excise Act or NDPS Act has been registered against the applicant, so far except this case, applicant is in custody since 14.01.02021, charge-sheet has been filed and conclusion of the trial will take time, without commenting on merits of the case, the application is allowed and it is directed that the applicant be released on bail upon his furnishing personal bond in the sum of Rs.50,000/-(Rs. 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;

The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the fact of the case so as to dissuade him from disclosing such facts to the Court;

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. on payment of usual charges.