Vinod Dehariya vs State Of Madhya Pradesh

Rajeev Kumar Dubey, J

This is the first application under section 439 Cr.P.C. for grant of bail. Applicant Vinod Dehariya was arrested on 26/11/2020 in connection with

Crime No.449/2020 registered at Police Station Parasiya, Distt. Chhindwara (M.P.) for the offence punishable under Sections 34(2) and 42 of the

M.P. Excise Act.

As per prosecution case, on 12/10/2020 on the information of informant Police stopped the car bearing registration No.MP-20FA-3311, which was

being driven by co-accused Suresh @ Monu and co-accused Bhagwan Das @ Rohit @ Duggu and Hemant were also traveling in that car and seized

72 bulk liter country made liquor from their possession, which was illegally being carried by them in that car. On interrogation, co-accused informed

the police that co-accused Vijay Baghel gave that wine. It was also found that the seized car bearing registration No.MP-20FA-3311 belonged to

applicant Vinod Dehariya. It is alleged that the applicant was the owner of the car and also involved in the crime.

Learned counsel for the applicant submits that the applicant is innocent and has falsely been implicated in the offence. The applicant has no criminal

past and he is in custody since 26/11/2020. Conclusion of trial will take time, hence prayed for release of the applicant on bail.

On the other hand, learned counsel for the respondent/State opposed the prayer. Looking to the facts and circumstances of the case and the fact that

nothing has been recovered from the possession of the applicant, police only on the basis that the seized car belonged to the applicant, implicated the

applicant in the crime and he has no criminal past and the applicant is in custody since 26/11/2020 and the conclusion of trial will take time, without

commenting on the merits of the case, the application is allowed and the applicant is directed to be released on bail upon his furnishing personal

Date:bond2020.12.1615:31:47inIST the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with separate surety in the like amount to the satisfaction of

the concerned Court for his appearance before the trial Court on all such dates as may be fixed in this behalf by the trial Court during the pendency of

trial.

This order will remain operative subject to compliance of the following conditions by the applicant:

1.The applicant will comply with all the terms and conditions of the bond executed by him;

2.The applicant will cooperate in the trial;

3.The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the fact of the case so as to dissuade

him from disclosing such facts to the Court or to the Police Officer, as the case may be;

4.The applicant shall not commit an offence similar to the offence of which he is accused;

5.The applicant will not seek unnecessary adjournments during the trial; and

6.The applicant will not leave India without previous permission of the trial Court.

C.C.as per rules.