Vikram Sansi vs State Of Madhya Pradesh

The applicant has filed this first bail application u/S 439, Cr.P.C. for grant of bail.

The applicant has been arrested by Police Station Mungawali, District Ashoknagar (M.P.) in connection with Crime No. 526/2019 registered in relation to the offences punishable u/S. 34 (2) of the Excise Act.

Learned counsel for the applicant submits that the applicant has been falsely implicated owing to enmity. The liquor has not been seized from the possession of the applicant. Conclusion of trial is likely to take time. The applicant is a permanent resident of Village Talaya thana, Tehsil Mungawali, District Ashoknagar and there is no likelihood of his absconsion if released on bail. With the aforesaid submissions, prayer for grant of bail is made.

Learned Panel Lawyer 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.

Considering the facts that applicant is in custody since 11/10/2019 and the prosecution story discloses alleged offence u/S. 34 (2) of Excise Act which prescribes for maximum punishment of three years and that 60 bulk liters of country made liquor has been seized from the possession of the applicant and prolonged pre-trial detention being an anathema to the concept of liberty, this Court though is inclined to extend the benefit of bail to the applicant, but with certain stringent condition in view of criminal antecedent and nature of offence.

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/- (Rs. One Lac only) with two local and solvent sureties each of Rs. 50,000/- (Rs. Fifty Thousand Only) to the satisfaction of the concerned trial 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 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 previous permission of the trial Court/Investigating Officer, as the case may be.

The applicant shall appear and mark his attendance before the trial court concerned/committal court once every month till conclusion of the trial, failing which, this bail order shall stand cancelled automatically without further reference to this Court.

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

C.C. as per rules.