Bhaiya @ Asgar vs State Of Madhya Pradesh

Anand Pathak, J

The applicant has filed this SECOND bail application under section 439 of Cr.P.C. for grant of bail. Applicant has been arrested on 20.01.2023 by Police Station Kotwali, district Rewa, in connection with Crime No.1113/2022 for an offence punishable under section 34(2) of the M.P. Excise Act, 1915. His first bail application was dismissed by this court as withdrawn vide order dated 8.2.2023 passed in M.Cr.C. No.6371/2023.

It is the submission of learned counsel for applicant that the applicant is suffering confinement since 20.01.2023 and charge-sheet has already been filed. It is further submitted that as per allegation, the applicant was found transporting 60 bulk litres of illicit liquor without permit. He fairly submits that the applicant bears criminal record of 17 cases, all are of offence under section 34(1), barring few cases of offence under section 34(2) of the Excise Act. The applicant has learnt the lesson hard ways and intends to mend his ways to become a better citizen by not involving in criminal activities in future. Therefore, chance be given for course correction. Confinement amounts to pre-trial detention. He undertakes that the applicant will cooperate in trial and will abide by all the terms and conditions as imposed by this court. He further undertakes that the applicant shall perform community service to purge his misdeeds, if any, and to serve National/ Environmental/ Social Cause. Under these grounds, counsel for applicant prayed for grant of bail to the applicant.

Learned Government Advocate for the State opposed the prayer for grant of bail and prayed for its dismissal.

Heard counsels for the parties at length and perused the case diary.

Considering the above submissions advanced by the parties and the fact that a chance be given to the applicant for course correction, but without commenting on the merits of the case, and as per the spirit of community service echoed in the order of Sunita Gandharva Vs. State of M.P. reported in 2020 (3) MPLJ (Cri.) 247, the application is allowed with certain stringent conditions. It is hereby directed that the applicant shall be released on bail on his furnishing personal bond of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in 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 them 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;

(vii) The applicant shall not involve in any criminal activity in future and would participate in creative pursuits.

(viii) The applicant shall mark his presence before the concerned police station once in every month between 10:00 a.m. and 2:00 p.m. till the conclusion of trial and any lapse on his part shall be a good ground for the cancellation of his bail.

(ix) It is made clear that this bail is granted once the case is made out for bail and thereafter, direction for plantation of saplings is given and it is not the case where a person intends to serve social cause can be given bail without considering the merits.

It is expected from the applicant that he shall submit photographs by downloading the mobile application (NISARG App) prepared at the instance of High Court for monitoring the plantation through satellite/Geo-tagging/Geo-fencing.

Application stands allowed and disposed of.

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

Certified copy as per rules.