Rohit Singh vs State Of Madhya Pradesh

Sunita Yadav, J

This is first application filed by the applicant under Section 439 of the Cr.P.C. for grant of bail relating to Crime No. 08 of 2024 registered at Police Station Pichhore, District Shivpuri (M.P.) for the offence under Section 34 (2) of Excise Act.

As per prosecution story, total 88 litres liquor has been recovered from the vehicle.

Learned counsel for the applicant argued that the applicant is innocent and has been falsely implicated. It is further argued that liquor has not been recovered from the possession of the applicant/accused. The applicant is in custody since 08.04.2024. Further submission is that co-accused-Chhotelal has already been granted bail by this Court vide order dated 15.04.2024 passed in M.Cr.C. No.13200 of 2024, therefore, he seeks parity. Offence is triable by JMFC. Trial is likely to take long time to conclude. Further argument is that applicant is permanent resident of District Shivpuri (M.P.) and there is no possibility of his absconsion or tampering with the prosecution evidence.

Hence, he prays for grant of bail to the applicant.

Per contra, learned Additional Advocate General for respondent /State vehemently opposed the bail application and prayed for dismissal of present bail application.

Heard learned counsel for the rival parties and perused the case diary available on record.

Considering the facts and circumstances of the case, but without expressing any opinion on merits of the case, this application is allowed and it is directed that the applicant be released on bail on furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One Lakh Only) with one solvent surety in the like amount to the satisfaction of the trial Court.

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

1) The applicant will comply with all the terms and conditions of the bond executed by him;

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

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

4) The applicant will not commit an offence similar to the offence for which he is accused;

5) The applicant will not seek unnecessary adjournments during the trial; and

6 ) The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.

Learned State counsel is directed to send an e-copy of this order to the Station House Officer of the concerned Police Station for information and necessary action.

E- copy of this order be sent to the trial Court concerned for compliance, if possible, by the office of this Court.

Certified copy as per rules.