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Madhya Pradesh High Court · body

2016 DIGILAW 47 (MP)

SUBHASH s/o DARYAV SINGH v. STATE OF M. P.

2016-01-18

D.K.PALIWAL

body2016
ORDER : 1. Shri Navneet Kishore, learned counsel for the applicant. Ms. Ravindran, learned Government Advocate for the non-applicant/State. Heard with the aid of case-diary. Order dictated in Open Court. This is the first bail application under section 439 of Criminal Procedure Code. The applicant is arrested in connection with Crime No. 593/2015 registered at P.S.- Excise Department, Manpur, Tehsil- Mhow under sections 34(1)(a) and 34(2) of the M. P. Excise Act and the applicant is under custody w.e.f. 23-11-2015. 2. As per the prosecution case, on 23-11-2015, the applicant was found in possession of 65 bulk liters country made liquor without having any licence. 3. Learned counsel for the applicant submitted that applicant has not committed any offence and he has falsely been implicated in this case. It is submitted that on the date of the alleged seizure, the applicant was present in the court undergoing the sentence in connection with criminal case No. 2390/2015. It is submitted that applicant is under custody w.e.f. 23-11-2015. It is submitted that trial will take its own time, hence prayed for release of the applicant. 4. Learned Government Advocate appearing for non-applicant/State has opposed the bail application and prays for its rejection. 5. Perused the case-diary. Taking into consideration the allegation against the applicant coupled with the fact that the learned trial Court has mentioned the fact that on 23-11-2015, the applicant was present in the court, therefore, without going into the merits of the case, this bail application is allowed and it is ordered that the applicant be released on bail subject to furnishing personal bail bond of ` 30,000/- (Rupees Thirty Thousand Only) along with one surety in the like amount to the satisfaction of the concerned trial Court for his appearance before the said Court on all dates as may be fixed in this behalf. 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 co-operate 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 will co-operate 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 an offence similar to the offence of 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. 6. A copy of this order be sent to the Court concerned for compliance. Accordingly, M.Cr.C.No. 373/2016 stands disposed of. C.C. as per rules.