Devicharan vs State Of Madhya Pradesh

Learned counsel for the rival parties are heard.

The applicant has filed the first application u/S. 439 Cr.P.C. for grant of bail. The applicant has been arrested on 26/11/2019 by Police Station- Kachnar, District- Ashoknagar in connection with Crime No.271/2019 registered in relation to the offence punishable under Sections 34(2) of M.P. Excise Act.

Allegation against the applicant is that 60 bulk liters of country made liquor was seized from the possession of him for which he did not possess any valid license. On the basis of aforesaid, crime has been registered against the applicant.

Learned counsel for the applicant submits that the applicant is a youth of 24 years of age and he has been falsely implicated in the matter. The applicant is in custody since 26/11/2019. It is also submitted by the learned counsel for the applicant that the case is triable by the JMFC and the applicant is kept in custody for long time, his entire career will be ruined in the bad company of hardened criminals inside the jail. The applicant is a permanent resident of District- Ashoknagar. There is no possibility of his absconding or tampering with the prosecution evidence. The applicant is ready to abide by all the terms and conditions as may be imposed by this Court. Under these circumstances, he prays for grant of bail to the applicant.

Learned Public Prosecutor for the State opposed the application and prayed for its rejection by contending that on the basis of the allegations and the material available on record, no case for grant of bail is made out.

After hearing aforesaid arguments and looking to the facts and circumstances of the case, without expressing any opinion on merits of the case, this application is allowed and it is directed that the applicant be released on bail on furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety of the like amount to the satisfaction of the concerned trial Court.

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 investigation/trial, as the case may be;

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

The applicant shall not commit any other offence during pendency of the trial, failing which this bail order shall stand cancelled automatically without further reference to the Bench.

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

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

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