Vikram @ Vikram Kushwah 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.796 of 2023 registered at Police Station Civil Line, District Vidisha (M.P.) for an offence punishable under Section 34(2) of the Excise Act. The applicant is in judicial custody since 27-11-2023.

According to the prosecution case, on secret information, on 27-11-2023, SHO Police Station Shivendra Pathak along with police force reached Durganagar Square, Kareyakheda Road, Lane No.05, Vidisha and intercepted applicant. From possession of applicant, 58.05 bulk liters of illicit country-made raw liquor was recovered. On such allegations, Crime No.796 of 2023 was registered by PS Civil Line, District Vidisha for an offence punishable under Section 34(2) of the Excise Act against the applicant. Applicant was arrested on spot. He is in custody since 27-11-2023. Relevant seizure has been made.

Statements of the witnesses have been recorded. Investigation is almost complete.

Learned Counsel for the applicant, in addition to the grounds mentioned in the application, submits that applicant has been falsely implicated in this matter. Applicant is a young person, aged around 19 years. He is a labourer by profession and is the permanent resident of District Vidisha (M.P.). There is no likelihood of his absconsion leaving behind his family and home. Investigation is almost complete, therefore, there is no likelihood of his interfering with the investigation or tampering with the evidence. No further custodial interrogation is required. Jail incarceration is causing hardship to the applicant and his family. 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 State opposes the bail application and cites criminal history of one case against the applicant.

In reply, learned Counsel for the applicant submits that previous case relates to minor offence under Section 34(1) of MP Excise Act wherein the applicant was sentenced to fine.

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 but regard being had to the young age of the applicant, 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 the applicant VIKRAM @ VIKRAM KUSHWAH shall be released on bail in connection with Crime No.796 of 2023 registered at Police Station Civil Line, District Vidisha (M.P.), for an offence punishable under Section 34(2) of the 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 them/him/her 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.