Naresh Kushwah vs State of M.P.

D.K. Paliwal, J.—Heard on the bail application.

Perused the case diary.

This is second bail application u/s 439 of Cr.P.C. First bail application was dismissed vide order dated 30.04.2014 passed in M.Cr.C. No. 3355/2014.

Learned counsel for the applicant submits that after rejection of the first bail application, investigation has been completed and charge-sheet has also been filed.

The applicant has been arrested in Crime No. 241/2014 registered at Police Station, Janakganj, District Gwalior (M.P.), for the offence punishable u/s 49(a) of Excise Act.

As per prosecution story, five liter liquor unfit for human consumption has been found from the possession of the applicant without having any license.

Learned counsel for the applicant submits that the applicant has falsely been implicated. He is in custody since 25.03.2014. There is no record that the alleged liquor is unfit for human consumption. On these grounds learned counsel for the applicant prays for grant of bail.

The application is opposed by the learned Public Prosecutor.

Considering the quantity alleged to have been seized and in absence of any proof that alleged liquor is unfit for human consumption, the application is allowed. It is directed that the applicant shall be released on bail on his furnishing 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

Trial Court/Committal 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 an offence similar to the offence of which they are accused;

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 Court concerned for compliance.

C.C. as per rules.