Surendra Yadav vs State Of Madhya Pradesh

Sanjeev S Kalgaonkar, J

This first bail application has been filed by applicant under section 439 of the Code of Criminal Procedure, 1973 for grant of bail in connection with Crime No.695 of 2023 registered at Police Station Kotwali District Ashok Nagar (M.P.) for an offence punishable under section 34(2) of M.P. Excise Act. The applicant is in judicial custody since 28-09-2023.

As per the case of prosecution, on 28-09-2023, on secret information, ASI Awdhesh Raghuvanshi of PS Ashoknagar along with police force reached Magrada Chauraha, Distt. Ashoknagar and intercepted the applicant and from his possession, two canes containing 60 bulk liters of illicit country-made raw liquor was recovered. On such allegations, Police Station Kotwali registered FIR at Crime No.695 of 2023 for an offence punishable under Section 34(2) of the Excise Act against the applicant and the applicant was arrested. Relevant seizure has been made. Statements of witnesses have been recorded. After investigation, final report was filed on 26.10.2023. The trial is underway.

Learned counsel for the applicant, in addition to the grounds mentioned in the application, submits that the applicant has falsely been implicated in the matter. The applicant is aged 19 years and labour by profession. He is permanent resident of village Mahuakhedi District Ashok Nagar. There is no likelihood of his absconding leaving behind his family and property. There is no likelihood of interfering with the investigation or tampering with the evidence by the applicant. No criminal antecedent of similar nature is reported against the applicant. The alleged offence is triable by Judicial Magistrate First Class. The trial would take time to complete. Therefore, the applicant may be extended the benefit of bail.

Per contra, learned counsel for the respondent/State opposes the bail application on the gravity of alleged offence.

Heard learned counsel for the parties and perused the case diary.

Considering the arguments advanced by both the parties and overall circumstances of the case, regard being had to the young age of the applicant, but without commenting on merits of the case, this Court is inclined to release the applicant on bail. Thus, the application is allowed.

Accordingly, it is directed that applicant SURENDRA YADAV shall be released on bail in connection with Crime No.695 of 2023 registered at Police Station Kotwali District Ashok Nagar (M.P.) for an offence punishable under section 34(2) of M.P. Excise Act, upon furnishing a personal bond in the sum of Rs. 50,000/- (Rs. Fifty Thousand Only) with one solvent surety of the same amount to the satisfaction of the Trial Court, for compliance with the following conditions, :

The applicant shall remain present on every date of hearing as may be directed by the concerned Court;

The applicant shall not commit or get involved in any offence of similar nature;

The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to the investigating officer;

The applicant shall not directly or indirectly attempt to tamper with the evidence or allure, pressurize or threaten the witness;

The applicant shall ensure due compliance of provisions of Section 309 of Cr.P.C regarding examination of witness in attendance;

This order shall be effective till the end of trial. However, in case of breach of any of the pre-condition of bail, it shall become ineffective without reference to the Court.

CC as per rules.