Suresh Singh vs State of M.P.

B.D. Rathi, J.—This is first application filed u/s 439 of the Code of Criminal Procedure. Case diary has been produced by Public Prosecutor.

Arguments heard and case diary perused.

On behalf of the State Government, it is argued by the Public Prosecutor that on the basis of the allegations and the material available on record, no case for grant of bail is made out. He prays for rejection of this application.

It is argued on behalf of the applicant/accused that the applicant has been falsely implicated. The evidence, which has been collected by the prosecution, is wholly unreliable. The accused is in Jail since 20.3.2013 for no fault. Charge-sheet has already been filed before the trial Court and the whole investigation is almost completed and further need of accused is not required for investigation.

In view of the arguments advanced by both the counsel and on considering the facts and circumstances of the case, it is clear that the applicant/accused has been arrested on 20.3.2013 in connection with Crime No. 54/2013 registered at Police Station, Alot, Dist. Ratlam for the offence punishable u/s 34(2) of M.P. Excise Act. Previous criminal antecedents are not found against the applicant Suresh Singh. Although in this case about 480 bulk litres country-made liquor was seized from the possession of accused, but looking to the order passed in M.Cr.C. No. 7950/2012 on 19.11.2012 by this Court, this application is allowed.

Accordingly, without commenting on merits of the case, the present application is allowed and it is directed that the applicant be released on bail on his furnishing personal bond in the sum of Rs. 50,000/-(Rupees Fifty thousand only) with one solvent surety each of the like amount to the satisfaction of the trial Court for his regular appearance before the trial Court on the condition that he shall remain present before the Court concerned during the trial and shall also comply by the conditions enumerated u/s 437(3) of the Criminal Procedure Code and so also as imposed by the trial Court.

It is made clear that if any condition of bail bond is violated by the applicant, then this bail order will automatically be treated as cancelled and further steps, in accordance with law, may be taken by the trial Court against the applicant as well as against the surety, without seeking any order/direction from this Court.

A copy of this order be sent for compliance to the Court concerned. C. c. as per rules.