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Judgment
Sanjeev S Kalgaonkar, J
This first bail application has been filed by applicant under Section 439 of the Code of Criminal Procedure, 1973 for grant of bail in connection with Crime No.551 of 2023 registered at Police Station Purani Chhawani, District Gwalior (M.P.) for offence punishable under Sections 34(2), 49(A) of M.P. Excise Act. The applicant is in judicial custody since 19-10-2023 (as per arrest memo).
A s per the case of prosecution, on 19-10-2023, Head Constable Raghuveer Dhakad of PS Purani Chhawani, on secret information, along with police force reached Village Jalalpur and intercepted the applicant. On search, 105 liters of illicit country-made liquor kept in three plastic cans were recovered from the possession of applicant. It was suspected that seized liquor may be poisonous. Illicit liquor was seized in compliance with due procedure and offence punishable under Sections 49-A & 34(2) MP Excise Act was registered at Crime No.551 of 2023 against the applicant by PS Purani Chhawani. Applicant was arrested on spot and he is in custody since 19-10-2023. Relevant seizure has been made. Statements of witnesses have been recorded. Final Report has been submitted on 29-11-2023 but FSL report is awaited.
Learned Counsel for the applicant, in addition to the grounds mentioned in the application, submits that the applicant has been falsely implicated in the matter. He is aged around 60 years Applicant is an agriculturist by profession and is permanent resident of District Gwalior. There is no likelihood of his absconsion leaving behind his family and property. No further custodial interrogation of applicant is needed. Jail incarceration is causing hardship to the applicant and his family. The trial would take time to complete. Therefore, the applicant may be extended the benefit of bail.
Per contra, learned counsel for the State opposes the bail application and cites criminal history of two cases against the applicant out of them, one relates to similar offence.
In reply, learned counsel for the applicant submits that in other matter, applicant was granted the benefit of bail and he has never been convicted.
Heard learned counsel for the parties and perused the case diary. Considering the arguments advanced by both the parties and overall circumstances of the case, but without commenting on merits of the case, this
Court is inclined to release the applicant on bail. Thus, the application is allowed.
Accordingly, it is directed that applicant RAGHUVEER SINGH @ RANVEER SINGH LODHI shall be released on bail in relation to Crime No.551 of 2023 registered at Police Station Purani Chhawani, District Gwalior (M.P.) for offence punishable under Sections 34(2), 49(A) of M.P. Excise Act, upon 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 Trial Court, for compliance with the following conditions, :
The applicant shall remain present on every date of hearing as may be directed by the concerned Court;
The applicant shall not commit or get involved in any offence of similar nature;
The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them/him/her from disclosing such facts to the Court or to the investigating officer;
The applicant shall not directly or indirectly attempt to tamper with the evidence or allure, pressurize or threaten the witness;
The applicant shall ensure due compliance of provisions of Section 309 of Cr.P.C regarding examination of witness in attendance;
If FSL report reveals any poisonous substance in the liquor, this bail order shall stand cancelled without further reference to this Court and applicant shall surrender forthwith.
This order shall be effective till the end of trial. However, in case of breach of any of the pre-condition of bail, it shall become ineffective without reference to the Court.
CC as per rules.