Veer Sigh vs State Of Madhya Pradesh

Sunita Yadav, J

The applicant has filed this first application u/S.439 of Cr.P.C. for grant of bail.

The applicant has been arrested on 06/07/2022 by police station Excise Circle Joura, District Morena (M.P.) in Connection with Crime No.141/2021 registered for the offence punishable under Sections 34(1) (,), 34(2) and 49 (d) of M.P. Excise Act.

It is case of bail jump. Earlier, the applicant was enlarged on interim bail for a period of 90 days by the learned trial Court but due to his absence before the trial Court on 08/03/2022, his bail bond was forfeited and arrest warrant was issued against him, thereafter, the applicant surrendered himself before the trial Court and since when he is in custody.

As per prosecution story, the allegations the present applicant is that he was found in possession of 67 bulk liters of illicit liquor for which the applicant/accused was not having valid license. On the basis of aforesaid, case has been registered against the applicant.

Learned counsel for the applicant argued that applicant is innocent and has been falsely implicated. It is argued that the applicant could not appear before the trial Court because his counsel had not informed him and when the applicant knew about it, he himself surrendered before the trial Court. It is further argued that the applicant is in custody since 06/07/2022. Investigation in the matter is over by filing of charge-sheet, therefore, further custodial interrogation is no more required. Hence, he prays for grant of bail to the applicant.

O n the other hand, learned Public Prosecutor for the State vehemently opposed the bail application and prays for its dismissal.

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

Considering the facts and circumstances of the case and looking to the custody period of applicant, as well as the factum that the investigation in the matter is over by filing of charge-sheet, 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.50,000/- (Rupees Fifty Thousand only) with two solvent sureties in the like amount to the satisfaction of the trial Court/committal 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/her from disclosing such facts to the Court or to the Police Officer, as the case may be;

4 ) The applicant shall not commit any other offence during pendency of the trial, failing which, this bail order shall stand cancelled automatically without further reference to the Bench.

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.