Chandresh And Others vs State Of Madhya Pradesh

Sanjeev S Kalgaonkar, J

This first bail application has been filed by applicants under Section 439 of the Code of Criminal Procedure, 1973 for grant of bail in connection with Crime No.254 of 2023 registered at Police Station Nateran, District Vidisha (M.P.), for an offence punishable under Section 34(2) of the M.P. Excise Act. The applicants are in judicial custody since 11-09-2023.

As per the case of prosecution, on 11-09-2023, on secret information, ASI Ranvir Singh Jaat intercepted a motorcycle near village Khagpur. Both the applicants were found carrying country-made liquor in two gunny bags total quantity 59. 40 liters. The illicit liquor was seized from the joint possession of both the applicants. PS Nateran, District Vidisha registered FIR in Crime No.254 of 2023 for offence punishable under Section 34(2) of MP Excise Act. The applicants were arrested on 11-09-2023. They are in custody ever since. Statements of witnesses have been recorded. Relevant seizures have been made. Investigation is underway.

Learn Counsel for the applicants submits that the applicants have falsely been implicated in the matter. Applicants are permanent residents of Village Khagpur. They are sole bread earners in their family and there is no likelihood of their absconding leaving family and property. There is no likelihood of interference in the investigation. No criminal antecedent is reported against the applicants. Jail incarceration is causing financial hardship to the family of applicants. The alleged offence is triable by Judicial Magistrate First Class. The trial would take time to complete. Therefore, applicants may be extended the benefit of bail.

Per contra, the learned counsel for the State opposes the bail application and prays for its rejection.

Heard learned learned counsel for the parties and perused the case diary. Considering the arguments advanced by both the parties and overall circumstances of the case, but without commenting on merits of the case, this Court is inclined to release the applicants on bail. Thus, the application is allowed.

Accordingly, it is directed that applicants Chandresh and Ritik shall be released on bail in connection with Crime No.254 of 2023 registered at Police Station Nateran, District Vidisha (M.P.) for an offence punishable under Section 34(2) of the M.P. Excise Act, upon furnishing a personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand Only) each with one solvent surety each of the same amount to the satisfaction of the Trial Court, for compliance with the following conditions, :

The applicants shall remain present on every date of hearing as may be directed by the concerned Court;

The applicants shall not commit or get involved in any offence of similar nature;

The applicants shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them/him/her from disclosing such facts to the Court or to the investigating officer;

The applicants shall not directly or indirectly attempt to temper with the evidence or allure, pressurize or threaten the witness;

The applicants shall ensure due compliance of provisions of Section 309 of Cr.P.C regarding examination of witness in attendance;

This order shall be effective till the end of trial. However, in case of breach of any of the pre-condition of bail, it shall become ineffective without reference to the Court.

CC as per rules.