Vrindavan Singh vs State Of Madhya Pradesh

Rajeev Kumar Dubey, J

This is the first application under Section 439 of Cr.P.C for grant of bail. Applicant Vrindavan Singh was arrested on 10/05/2021 in connection with

Crime No.299/2021 registered at Police Station Chourai, District Chhindwara for the offence punishable under Section 34(2), 45 of M.P. Excise Act.

A s per the prosecution case, on 12/04/2021 on the information of informant Police apprehended co-accused Thansingh Sanodiya and seized 58 bulk

liter of country made liquor from his possession, which was illegally kept by him in his possession. On interrogation co-accused Thansingh informed

the Police that said liquor was given to him by applicant, so Police also implicated the applicant in the crime and arrested him on 10/05/2021.

Learned counsel for the applicant submits that the applicant is innocent and has falsely been implicated in the offence. There is no direct evidence on

record to connect the applicant with the crime. Police only on the basis of a memorandum of co-accused implicated the applicant with the crime, while

the confessional statement of co-accused cannot be accepted as legal evidence against the applicant in the absence of any other incriminating piece of

evidence. The applicant has been in custody since 10/05/2021 and conclusion of trial will take time, hence it is prayed that the applicant be released on

bail.

Learned counsel for the State opposed the prayer and submitted that other offences are also registered against the applicant, so he should not be

released on bail.

Looking to the facts and circumstances of the case and the fact that there is no direct evidence on record to connect the applicant with the crime,

Police only on the basis of a memorandum of co-accused implicated the applicant with the crime, while the confessional statement of co-accused

cannot be accepted as legal evidence against the applicant in the absence of any other incriminating piece of evidence, the applicant is in custody since

10/05/2021 and conclusion of the trial will take time, without commenting on merits of the case, the application is allowed and it is directed that the

applicant be released on bail upon his furnishing personal bond in the sum of Rs.50,000/-(Rs. Fifty Thousand Only) with surety in the like amount to

the satisfaction of the concerned CJM/trial 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 :-

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

The applicant will cooperate in the trial;

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;

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 prior permission of the trial Court.

C.C. on payment of usual charges.