Ashish@Kalli vs State Of Madhya Pradesh

Milind Ramesh Phadke, J

This is first application under Section 439 of the Cr.P.C filed by the applicant who is aged about 21 years. Applicant has been arrested in connection with Crime No.37/2024, registered at Police Station- Agra District Sheopur for the offence punishable under

It is the submission of learned counsel for applicant that applicant who is aged about 21 years is in custody since 12.05.2024 for the offence as referred above. He is innocent and has been falsely implicated. He has nothing to do with the present offence and the liquor (54 liter) which was seized by the police authority does not belong to the present applicant. The only source of implication is the memo of co-accused Sonu. Applicant bears no criminal record. Confinement may bring social disrepute and personal inconvenience especially when applicant does not bear any criminal record. Applicant undertakes to cooperate in investigation/trial. He is in custody since 12.05.2024. Offence is triable by JMFC. Disposal of the matter will take long time. The applicant is permanent resident of District Sheopur, and there is no likelihood of his absconsion or tampering with the prosecution evidence. He is ready to abide by the terms and conditions as may be imposed. On these ground, counsel for petitioner prays for grant of bail to the applicant.

Learned counsel for respondent/State opposed the prayer for bail on the basis of allegations.

Heard the counsel for the parties and perused the case diary.

Considering the submissions advanced by the learned counsel for the applicant , this Court intends to allow this bail application. Accordingly, the application is allowed. It is hereby directed that the applicant shall be released on bail on furnishing a personal bond in the sum of Rs.1,00,000/- (Rs. One Lac Only) with one solvent surety of the like amount to the satisfaction of trial court.

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

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

ii. The applicant will cooperate in the investigation/ trial, as the case may be;

iii. 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 from disclosing such facts to the Court or to the Police Officer, as the case may be.

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

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

vi. The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be;

Application stands allowed and disposed of.

Copy of this order be sent to the trial Court concerned for compliance.

Certified copy as per rules.