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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.254 of 2023 registered at Police Station Karariya, District Vidisha (M.P.) for an offence punishable under Section 49(A) of M.P. Excise Act. The applicant is in judicial custody since 17.10.2023. He is in custody ever since.
As per the case of prosecution, on 17.10.2023, Head Constable Hindu Singh of Police Station Karariya along with police squad reached SST Point, Salaiya, and intercepted the applicant. The applicant was found to be in possession of 15 bulk liters of illicit suspected poisonous country-made liquor.
On suspicion, offence punishable under Section 49(A) of M.P. Excise Act was registered by Police Station Karariya and applicant was arrested on 17.10.2023. FSL report with regard to seized liquor is awaited. Statements of witnesses have been recorded. Relevant seizures have been made. On completion of investigation, final report was submitted on 25.11.2023.
Learned counsel for the applicant, in addition to the grounds mentioned in the application, submits that the applicant has falsely been implicated in the matter. Applicant is permanent resident of Distt. Vidisha. Applicant is aged around 30 years. He is Agriculturist by profession and has a family to look after, therefore, there is no likelihood of his absconding leaving behind his family and property. No further custodial interrogation is needed. Jail incarceration is causing hardship to the applicant and his family. No criminal antecedent is reported against the applicant. The alleged offence is triable by Judicial Magistrate First Class. The trial would take time to complete. Therefore, the applicant may be extended the benefit of bail.
Per contra, learned counsel for State opposes the bail application and prays for its rejection.
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- Raja Babu shall be released on bail in relation to Crime No.254 of 2023 registered at Police Station Karariya, District Vidisha (M.P.) for an offence punishable under Sections 49(A) of M.P. Excise Act, upon furnishing a personal bond in the sum of Rs.50,000/- (Rupees fifty thousand) 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 temper 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 the 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.