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2020 DIGILAW 1106 (MP)

Gambhir Yadav v. State Of Madhya Pradesh

2020-10-13

RAJEEV KUMAR DUBEY

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JUDGMENT Rajeev Kumar Dubey, J. - Heard with the aid of case diary. 2. This is the second bail application filed by the applicant under Section 439 of Cr.P.C. Applicant Gambhir Yadav was arrested on 31/01/2020 in Crime No.21/2020 registered at Police Station Bandri, District Sagar (M.P.) for the offence punishable under Sections 34(2) of M.P. Excise Act, 1915. 3. The first bail application of the applicant was dismissed as withdrawn by this Court vide order dated 16.03.2020 passed in M.Cr.C.No.6535/2020. 4. As per prosecution case, on 31.01.2020 on the information of the informant police stopped motorcycle bearing Engine No.FF1DH1924814 and Chassis No. MD625FF18H1D21315 which was being driven by applicant Gambhir Yadav and co-accused Vinod was the pillion rider and seized 54 bulk liter of country made liquor which was illegally being carried by them on the said motorcycle. 5. Learned counsel for the applicant submits that the applicant has not committed any offence and has falsely been implicated in the offence. The applicant has been in custody since 31/01/2020. The charge-sheet has been filed and the conclusion of trial will take time, hence prayed for release of the applicant on bail. 6. Learned counsel for the respondent/State opposed the prayer and submitted that other offences are also registered against the applicant, so he should not be released on bail. 7. Looking to the facts and circumstances of the case, the quantity of liquor alleged to have been seized from the possession of applicant and the fact that except this case no other offence under Section 34(2) of the Excise Act has been registered against the applicant so far, the applicant is in custody since 31/01/2020, the charge-sheet has been filed and conclusion of trial will take time, without commenting on the merits of the case, the application is allowed and it is directed that the applicant be released on bail upon his furnishing personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand Only) with one surety in the like amount to the satisfaction of the concerned Court for his appearance before the trial Court on all such dates as may be fixed in this behalf by the trial Court during the pendency of trial. 8. This order will remain operative subject to compliance of the following conditions by the applicant : 1. 8. 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 trial; 3. The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the fact of the case so as to dissuade him from disclosing such facts to the Court or to the Police Officer; 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 prior permission of the trial Court. 9. Certified copy as per rules.