Indra vs State Of Madhya Pradesh

Learned counsel for the rival parties are heard.

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

The applicant has been arrested on 08.12.2019 by Police Station Pandokhar, District Datia (M.P.) in connection with Crime No.165/2019 registered in relation to the offence punishable u/S.34(2) of M.P. Excise Act.

Learned Panel Lawyer 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. 60 litres of illicit liquor has been recovered from the possession of applicant. Investigation is complete by filing charge-sheet on 12.12.2019 in the matter and therefore further custodial interrogation of applicant may not be necessary.

Considering  the  said  facts  and  that  the  prosecution  story discloses alleged offence u/S. 34 (2) of Excise Act which prescribes for maximum punishment of three years and looking to the fact that the matter is triable by JMFC and that early conclusion of the trial is a bleak possibility and prolonged pre-trial detention being an anathema to the concept of liberty and the material placed on record does not disclose the possibility of the petitioner fleeing from justice, this Court is though inclined to extend benefit of bail to the petitioner but with certain stringent conditions looking to the nature of offence.

Accordingly, 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/- (Rs. Fifty Thousand only) with two solvent sureties each of Rs.25,000/- 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 her;

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

The applicant will not indulge herself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade her from disclosing such facts to the Court or to the Police Officer, as the case may be;

The applicant shall not commit an offence similar to the offence of which she is accused;

The applicant r 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.

The applicant shall mark her presence before the trial court once every fortnight till conclusion of trial.

For the time being this case stands disposed of.