Raja Uikey vs State Of Madhya Pradesh

Vishnu Pratap Singh Chauhan, J

Heard on this first post-arrest bail application filed by the applicant under Section 439 of Code of Criminal Procedure for grant of bail.

The applicant is in jail since 12.01.2021 in connection with Crime No.44/2021, registered by at Police Station Kotwali, District-Seoni (M.P.) for

offence punishable under Section 34(2) of M.P. Excise Act.

Allegation against the applicant, in short, is that, on receiving tip-off police intercepted a rickshaw which was being pulled by the present applicant and

a lady passenger was sitting on that rickshaw. Police made a search of that rickshaw and seized 4 plastic canes, which were filled with country made

liquor.

Learned counsel for the applicant submits that, the applicant has falsely been implicated in the case. Applicant is a rickshaw puller, the lady engaged

the rickshaw for transportation. Applicant was not having any knowledge what substance was filled in the cane. Police falsely implicated the applicant

and made a joint seizure from the possession of both the applicant as well as co-accused.

On the other hand learned Panel Lawyer for the respondent/State opposes the application.

Having heard learned counsel of both the parties, considering the rival submissions, the applicant is not having any criminal past.

Considering the facts collected during investigation, it seems that the applicant is only a rickshaw puller and that rickshaw was hired by other co-

accused, who kept those cane in the rickshaw. In such circumstances, without commenting any thing on merits, this Court is inclined to release the

applicant on bail.

Consequently, this application for bail under Section 439 of the Code of Criminal Procedure filed on behalf of applicant-Raja Uikey stands allowed.

It is directed that applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.50,000/-(Rupees Fifty Thousand Only) with one

solvent surety in the like amount each to the satisfaction of the trial Court, for his regular appearance before the trial Court with a condition that he

shall remain present before the concerned Court during trial and shall also abide by the conditions enumerated under Section 437(3) of Cr.P.C.

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

Jail authorities and State Government are directed to follow the guidelines issued by the Health Ministry in the wake of Novel Corona Virus, before

and after releasing the applicant.

Certified copy as per rules.