Mohansingh vs State Of Madhya Pradesh Station

Pranay Verma, J

This is the second application under Section 439 of Criminal Procedure Code, 1973. The applicant is implicated in connection with Crime

No.454/2021 registered at Police Station Khachrod, District Ujjain(MP) for offence punishable under Sections 353, 332, 333, 147 of Indian Penal

Code, 1860 and Section 34 (2), 49 (A) of the Excise Act. The applicant is in custody since 09.09.2021.

First application was of the application was dismissed as withdrawn vide order dated 10.12.2021 in M.Cr.C. No.53349 of 2021.

As per the prosecution, on 26.06.2021, an information was received by the Police to the effect that three persons on a Bullet bearing registration

No.MP-13 EU 0851 are carrying four cans of country made liquor in Gram Arjala, for delivering the same to a third person in Gram Narsinghgarh. On

receipt of information, the Police Party reached the location and stopped the motorcycle and those persons stated their names to be Pratapsingh,

Mohansingh, the applicant and Parmendra Singh. From them 60 litres of country made liquor was recovered which they were carrying without valid

licence. When the process of confiscation was being carried out one Pratapsingh along with 10-15 other persons came on different motorcycles and

started throwing stones on the Police party. They also caused injuries to some of the Police personnel and tore their clothes. They along with the

persons carrying the liquor obstructed the Police party in carrying out their official duty. Taking advantage of the situation the applicant and other co-

accused accompanying him on the motorcycle ran away. Thereafter, the present applicant has been arrested on 09.09.2021 and is in custody since

then.

Learned counsel for the applicant submits that allegation against the applicant is primarily under the Excise Act. There is no allegation against him

of causing any obstruction to the Police personnel in performing their official duties. It is Pratapsingh and other persons accompanying him who had

assaulted Police party and had caused injuries to some of them. There is no act attributed to the applicant of him assaulting the Police personnel with

stones or causing any injuries to them. Even the witnesses have not stated that any such act has been committed by the applicant and in any case the

statements are omnibus in nature. Investigation has been completed and challan has been filed and the applicant has remained in jail 09.09.2021. It is

further submitted that similar situated co-accused Parmendrasingh has already been enlarged on bail by this Court vide order dated 04.02.2022 in

M.Cr.C. No.5140 of 2022, hence on the ground of parity also the applicant be released on bail.

The aforesaid prayer is opposed by counsel for the respondent/State submitting that in view of the allegation levelled against the applicant and the

material collected by the prosecution against him, he is not entitled to be released on bail.

I have heard learned counsel for the parties and have perused the case diary. From the statements of witnesses, it appears that there are omnibus

allegations against the applicant as regards him obstructing the Police personnel in carrying out their official duties. There is no specific allegation of

the applicant hurling stones upon them or causing any injury to them. The case against the applicant appears to be primarily under the provisions of the

Excise Act. Even in his memorandum recorded u/S.27 of the Indian Evidence Act, the applicant has stated that taking advantage of the situation he

had run away from the spot. Similar situated co-accused Parmendrasingh (supra) has already been enlarged on bail. Thus, In my opinion, applicant

also deserves to be released on bail.

0 7 . Accordingly, without commenting on the merits of the case, the application filed by the applicant is allowed. The applicant is directed to be

released on bail upon 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 trial Court for his regular appearance before the trial Court during trial with a condition that he shall remain present before the

Court concerned during trial and s hall also abide by the conditions enumerated under Section 437 (3) Criminal Procedure Code, 1973.

This order shall be effective till the end of the trial, however, in case of bail jump, it shall become ineffective.

Certified copy as per rules.