Vinod vs State Of MP

S.A.Dharmadhikari, J

The applicant has filed this repeat application under section 439 of the Cr.P.C. for grant of bail. The first one was dismissed as withdrawn vide order dated 22/1/2021 passed in M.Cr.C. No. 3267/2021

The applicant has been arrested by Police Station Saraichhola, District Morena, in connection with Crime No.168/2020 registered in relation to the offence punishable under section 34(2) of the M.P. Excise Act.

Prosecution story, in short, is that applicant and co-accused were jointly found in illegal possession of 259.2 bulk litres of liquor.

Learned counsel for the applicant submits that the applicant has been falsely implicated. He is in custody since 29/12/2020. Charge-sheet has been filed and no further custodial interrogation is required. Conclusion of trial is likely to take time. Co-accused Sangam Rana has been released on bail vide order dated 27/2/2021 passed in M.Cr.C. No. 11353/2021 and the applicant deserves parity in treatment. The applicant is a permanent resident of Tedi Bagiya, Agra (U.P.) and there is no likelihood of his absconsion or tampering with the prosecution evidence if released on bail. With the aforesaid submissions, prayer for grant of bail is made.

Learned counsel for the State has opposed the application and prayed for its rejection by contending that on the basis of the allegations and the material available on record.

Considering the fact that prolonged pre-trial detention is an anathema to the concept of liberty, this Court is inclined to extend the benefit of bail to the applicant.

Accordingly, without expressing any opinion on merits of the case, this application is allowed and it is directed that the applicant namely Vinod be released on bail on furnishing a personal bond in the sum of Rs. 50,000/- (Rupees Fifty Thousand only) with a solvent and local surety in the like amount to the satisfaction of the concerned trial Court/Committal Court for his appearance during trial on the dates fixed by the concerned 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 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.

If the applicant commits any offence while on bail, then this order shall automatically stand cancelled without reference to the Court.

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

Certified copy as per rules.