Hemraj vs State Of Madhya Pradesh

Sunita Yadav, J

The applicant has filed this second application u/S 439, Cr.P.C. for grant of bail.

The applicant has been arrested by Police Station Sironj District Vidisha (M.P.) in connection with Crime No.215/2021 registered for the offence punishable under Sections 34(1), 49(a) of M.P. Excise Act and Sections 188, 269, 270 IPC and Section 51(B) of Disaster Management Act, 2005.

Allegation against the present applicant is that he was found under the possession of 5 bulk litre of country made liquor which is found to be unfit for human consumption.

Learned counsel for the applicant argued that the applicant is innocent and has been falsely implicated. It is argued that earlier he was granted bail, however, after getting FSL report, he was again arrested. The applicant never misused the liberty of bail granted to him. He has spent almost 40 days in jail during the investigation and is still in jail since 08/09/2022. He has no criminal history. He is permanent resident of District Vidisha. After conclusion of investigation, charge-sheet has been filed, therefore, there is no requirement of further custodial interrogation of the applicant. Hence, he prays for grant of bail to the applicant.

On the other hand, learned State counsel opposed the application and prayed for its rejection.

Heard learned counsel for the rival parties and perused the case diary available on record.

Considering the facts and circumstances of the case, but 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. 1,00,000/- (Rupees One Lakh only) with two solvent sureties in the like amount to the satisfaction of the trial Court/committal Court.

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

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

2) The applicant will cooperate in the investigation/trial, as the case may be;

3) The applicant will not indulge himself/herself 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;

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

5) The applicant will not seek unnecessary adjournments during the trial;

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

Learned State counsel is directed to send an e-copy of this order to the Station House Officer of the concerned Police Station for information and necessary action.

E- copy of this order be sent to the trial Court concerned for compliance, if possible, by the office of this Court.

Certified copy as per rules.