Pintu @ Pankaj Mavi vs State Of Madhya Pradesh

This is the first bail application under Section 439 of Cr.P.C. of petitionerâ€"Pintu @ Pankaj Mavi in connection with Crime No.509/2019 under

Sections 49-A and 34 of Excise Act registered at Police Stationâ€"Annapurna Districtâ€" Indore.

According to the prosecution case, the petitioner was having in his possession 05 liters liquid, which according to the prosecution was unfit for

human consumption. The police seized the liquid and after investigation filed the charge-sheet. No documents is produced by the prosecution to

establish that this was a poisonous liquid except assumption of seizing Officer. Though, the seized liquid is sent to FSL for chemical analysis but report

is awaited.

It is submitted by the learned counsel for the petitioner that the petitioner is innocent and has falsely been implicated in the present case. There is no

evidence against him. Conclusion of trial is likely to take time. The petitioner is permanent resident of Indore. There is no possibility of his absconding.

He is ready to furnish adequate security. The accused is in custody since 18.12.2019. Investigation is over and charge sheet has already been filed.

Trial is likely to take time.

The Prosecution has opposed the bail application stating that FSL report is not available.

Considering that the police has completed the investigation and nothing is there except assumption of the Seizing Officer that the seized liquid was

poisonous or unfit for human consumption and other facts and circumstances of the case, I deem it proper to release the accused on bail. Therefore,

without commenting on merits of the case, the application is allowed.

It is directed that the petitioner Pintu @ Pankaj Mavi S/o Ramesh Mavi be released from custody on his furnishing a personal bond in the sum of

Rs.40,000/-(Rupees Forty Thousand) with one local solvent surety of the like amount to the satisfaction of the Trial Court for his appearance before

the Trial Court as and when required further subject to the following conditions:

(i) The petitioner shall co-operate with the trial and shall not seek unnecessary adjournments on frivolous grounds to protract the trial;

(ii) The petitioner shall not directly or indirectly allure or make any inducement, threat or promise to the prosecution witnesses, so as to dissuade them

from disclosing truth before the Court;

(iii) The petitioner shall not commit any offence or involve in any criminal activity;

(iv) In case of his involvement in any other criminal activity or breach of any other aforesaid conditions, the bail granted in this case may also be

cancelled.

However, this bail shall be subject to FSL report. In case, the FSL confirms that the seized liquid is poisonous or is not fit for human consumption,

this order shall automatically come to an end and the petitioner shall immediately surrender before the Court.