Survendra @ Deepesh And Others vs State Of Madhya Pradesh

Virender Singh, J

As declared by the petitioners, these are the first applications under Section 439 CrPC for grant of bail.

As per case of the prosecution, 160 bulk litres of country made liquor has been seized from the joint possession of petitioners.

It is argued by learned counsel for the petitioners that the petitioners have been falsely implicated in the case. The petitioners are young youth. They

are permanent resident of District Sagar, there is no likelihood of their absconding or tempering with the prosecution case. On these grounds, prayer is

made to enlarge the petitioners on bail.

It is also submitted at Bar that the petitioners have no criminal antecedents.

Learned Panel Lawyer has opposed the bail. He submits that nothing has been mentioned in the case diary about criminal antecedents of the

petitioners.

Considering the facts and circumstances of the case, I deem it appropriate to release the petitioners on bail, therefore, without commenting on the

merits of the case, the petition are allowed.

It is directed that the petitioners namely Survendra @ Deepesh and Ravindra Rajput be released from custody on their furnishing a personal bond in

the sum of Rs.30,000/- (Rupees Thirty Thousand Only) each with one solvent surety each in the like amount to the satisfaction of the Trial Court for

their appearance before the Trial Court as and when required further subject to the following conditions :-

(i) The petitioners shall co-operate with the trial and shall not seek unnecessary adjournments on frivolous grounds to protract the trial.;

(ii) The petitioners shall not directly or indirectly allure or make any inducement, threat or promise to the prosecution witnesses, so as to dissuade him

from disclosing truth before the Court;

(iii) The petitioners shall not commit any offence or involve in any criminal activity;

(iv) In case of his involvement in any other criminal activity or breach of any other aforesaid conditions, the bail granted in this case may also be

cancelled.

It is made clear that before releasing the petitioners on bail the trial Court shall verify the criminal antecedents of the petitioners and if it is found

that the petitioners are having criminal antecedents then this order would automatically loose its effect and the trial Court shall not be under obligation

to release the petitioners on bail.

With the aforesaid the petitions are allowed.