Sonu Rawat vs State Of M.P

S.A. Dharmadhikari, J

The applicant has filed this first application u/S. 439 Cr.P.C. for grant of bail. The applicant has been arrested on 26/02/2021 by Police Station- Karera, District- Shivpuri in connection with Crime No.101/2021 registered in relation to the offence punishable under Section 49(A) of M.P. Excise Act.

Prosecution story, in short, is that 5 liters of country made illicit liquor was seized from the possession of the applicant which is alleged to be poisonous for human consumption. On the basis of aforesaid, crime has been registered against the applicant.

Learned counsel for the applicant submits that the applicant is a youth of 24 years of age and he has been falsely implicated in this case. He is not concerned with the case directly or indirectly. It is also submitted by the learned counsel for the applicant that the case is triable by the JMFC. The applicant is in custody since 26/02/2021. The applicant is a permanent resident of District- Shivpuri and there is no possibility of his absconding or tampering with the prosecution evidence. He is ready to abide by all the terms and conditions as may be imposed by this Court. With the aforesaid submissions, prayer for grant of bail is made.

Learned Additional Advocate General 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. It is also submitted that FSL report is awaited and the applicant has four criminal cases registered against him.

However, it would not be desirable to enter into the merits of the rival contentions at this juncture.

Considering the overall facts and circumstances of the case coupled with the fact that trial is not likely to conclude in near future 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.1,00,000/- (Rupees One Lac Only) with two solvent sureties each of Rs.50,000/- to the satisfaction of the trial Court for his appearance on the dates given by the concerned 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 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.

The applicant shall not commit any other offence during pendency of the trial, failing which this bail order shall stand cancelled automatically without further reference to the Bench.

It is directed that in case, it is found in the FSL report that the seized liquor was unfit for human consumption, then this order shall automatically stand recalled and the applicant shall surrender before the concerned trial Court immediately and if he does not surrender, then the trial Court shall be at liberty to take him into custody.

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

Certified copy as per rules.