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2020 DIGILAW 1116 (MP)

Shiv Narayan Basor v. State Of Madhya Pradesh

2020-10-14

RAJEEV KUMAR DUBEY

body2020
JUDGMENT Rajeev Kumar Dubey, J. - Heard with the aid of case diary. 2. This is the first bail application filed by the applicant under Section 439 of Cr.P.C. Applicant Shiv Narayan Basor was arrested on 26.07.2020 in Crime No. 446/2019 registered at Police Station Bahoriband, District Katni for the offence punishable under Section 34(2) of M.P. Excise Act, 1915. 3. As per prosecution case on 16.11.2019 on the information of the informant that applicant had kept illegal liquor in the Parchhi (courtyard) of his house, Assistant Sub-Inspector Santosh Badgaiya along with other members of the police force went on the spot. On seeing them applicant fled away from the spot by taking benefit of darkness and ASI Sanosh Badgaiya seized 63 bulk liters of country made liquor which was kept in the Parchhi of applicant's house. Thereafter the police arrested the applicant on 26.07.2020 and since then the applicant is in custody. 4. 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 26.07.2020. The charge-sheet has been filed and the conclusion of trial will take time, hence prayed for released of the applicant on bail. 5. Learned counsel for the respondent/State opposed the prayer and submitted that four other offences are also registered against the applicant, so he should not be released on bail. 6. Looking to the facts and circumstances of the case and the quantity of seized liquor 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 26.07.2020, 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. 7. This order will remain operative subject to compliance of the following conditions by the applicant: 1. 7. 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. 8. Certified copy as per rules.