Rajesh Kushwaha vs State Of MP

Rajeev Kumar Shrivastava, J

I.A. No.7922/2021, an application for urgent hearing is taken up, considered and allowed for the reasons mentioned therein.

Case Diary is perused.

Learned counsel for the rival parties are heard.

The applicant has filed this first bail application under section 439 of the Cr.P.C. for grant of bail.

The applicant has been arrested by Police Station Dabra, District Gwalior (MP) in connection with Crime No.86/2017 registered in relation to the offences punishable under Section 34(2) of MP Excise Act.

As per prosecution story, 110 litre liquor has been recovered from the possession of the present applicant. Earlier he was granted bail but due to personal reasons he has not able to appear before the trial Court. As a result thereof, his bail bonds were forfeited and warrant of arrest was issued against him. Learned counsel for the applicant submits that the applicant is in custody since 27.01.2021 and he shall regularly appear before the trial Court and to show his bona fide intention, he is ready to deposit a sum of Rs.500/- from the previous bond amount. The applicant is a resident of Datia and will co-operate the trial. Under these circumstances, learned counsel prays for grant of bail to the applicant.

Learned Public Prosecutor for the State opposed the application and submitted that 110 litre liquor has been recovered from the possession of the present applicant. Earlier the applicant has misused the liberty so granted to him. There are five criminal antecedents of similar nature are pending against the applicant and the applicant is a habitual offender, therefore, no case is made out for grant of benefit of bail to him.

Considering the fact that the applicant is in custody since 27.1.2021 by way of last indulgence, the application is allowed. If the applicant deposits a sum of Rs.500/- from his previous bond amount and also furnishes a fresh bail bond in the sum of Rs.1,00,000/- (Rupees One lac only) with one solvent surety of the like amount to the satisfaction of the trial Court and undertakes that he shall appear regularly before the trial Court on the dates fixed then the applicant shall be released on bail. It is made clear that failure of the applicant to appear before the trial Court even on a single date would lead to automatically cancellation of the bail granted to him by this order.

This order will remain operative subject to compliance of the following conditions by the applicant/s :-

The applicant/s will comply with all the terms and conditions of the bond executed by him/her;

The applicant/s will cooperate in the investigation/trial, as the case may be;

The applicant/s will not indulge himself/herself/themselves in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to the Police Officer, as the case may be;

The applicant/s shall not commit an offence similar to the offence of which he/she is accused; in case of repetition of any offence, this bail order shall stand cancelled automatically;

The applicant/s will not move in the vicinity of complainant party and applicant/s will not seek unnecessary adjournments during the trial;

The applicant/s will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be; and

The applicant/s will inform the SHO of concerned Police Station about his/her/their residential address in the said area and it would be the duty of the State Counsel to send E-copy of this order to SHO of concerned Police Station for information.

Applicant shall mark his presence before the SHO of the concerned Police Station once in every fortnight (every fifteen days) till conclusion of the trial. The concerned SHO is directed to submit attendance report of the applicant before the Principal Registrar of this Court once in every quarter of a year.

A copy of this order be sent to the Court concerned for compliance as well as copy of the order be given to the learned Public Prosecutor with a direction to keep the same in the concerned case diary.

Certified copy as per rules.