Subhash vs State Of Madhya Pradesh

Rajeev Kumar Dubey, J

Heard on I.A. no.12908/2020 for amendment.

On due consideration, the I.A. is allowed.

Heard with the aid of case diary.

This is first bail application filed by applicant Subhash under Section 439 of Cr.P.C. Applicant was arrested on 9/3/2020 in Crime No.140/2020

registered at Police Station Pandurana, Distt. Chhindwara (M.P.) for the offence punishable under Sections 34(2) of Excise Act.

As per the prosecution story, on 9/3/2020 on the information of the informant, police apprehended the applicant and seized 95 bulk litres of country

made liquor from his possession, which was illegally being kept by the applicant in his possession.

Learned counsel for the applicant submits that applicant has not committed any offence and has falsely been implicated in the offence. The applicant

is in custody since 9/3/2020. Charge sheet has been filed and the conclusion of trial will take time, hence prayed for release of the applicant on bail.

Learned counsel for the State opposed the prayer and submitted that another case 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 the M.P. Excise Act has been registered

against the applicant so far except this case, applicant is in custody since 9/3/2020, charge sheet has been filed and conclusion of trial will take time,

without commenting on the 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 one surety in the like amount to the satisfaction of the concerned 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 :

1.The applicant will comply with all the terms and conditions of the bond executed by him;

2.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 fact of the case so as to dissuade

him from disclosing such facts to the Court or to the Police Officer;

4.The applicant shall not commit an offence similar to the offence of which he is accused;

5.The applicant will not seek unnecessary adjournments during the trial;

and

6.The applicant will not leave India without prior permission of the trial Court.

Certified copy as per rules.