Javed Khan @ Mota vs State Of Madhya Pradesh

Anjuli Palo, J

This is third application under Section 439 of Cr.P.C. for grant of bail filed on behalf of applicant - Javed Khan @ Mota who has been arrested in

connection with Crime No.292/2020 registered at Police Station- City Kotwali, district- Chhatarpur for commission of offence under Section 34 (2) of

the M.P. Excise Act. His first application (M.Cr.C. No.28447/2020) was dismissed on merits vide order dated 25.08.2020 and second application

(M.Cr.C. No.39032/2020) was dismissed as withdrawn on 22.10.2020.

Learned counsel for the applicant submits that the applicant is in custody since 26.05.2020 and about five months in custody of the applicant have

passed since the first application was decided on merits. It is further contended that though some criminal cases have been registered against the

applicant yet no case pertains to Excise Act is registered since 2018. It is emphatically submitted that other persons involved in the same crime have

already been enlarged on bail by this Court and copies of their bail orders have been annexed along with this application. Hence, it is prayed that the

present applicant be released on bail.

Learned Panel Lawyer for the State has strongly opposed the bail application.

A period of about five months has elapsed since earlier application of the applicant was dismissed on merits. Meanwhile other accused persons,

namely, Rakesh Thakur, Mohd. Waseem; Hargovind Tiwari have already been enlarged by this Court. Hence, considering the facts and

circumstances of the case, without commenting on the merits of the case, this application is allowed. It is directed that Applicant Javed Khan @ Mota

be released on bail on his furnishing a personal bond in the sum of Rs. 50,000/- (Rupees Fifty Thousand only) with one solvent surety, in the like

amount to the satisfaction of the concerned trial Court for his appearance on the dates so fixed by that Court during trial. The applicant shall not affect

the prosecution witnesses by coercion or inducement. The applicant shall comply with the provisions of Section 437 (3) of the Cr.P.C. It is made clear

that if the applicant is involved in similar offence in future, this order shall stand ineffective immediately.

Accordingly, the application is allowed and disposed of.