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Madhya Pradesh High Court · body

2020 DIGILAW 30 (MP)

Ansar Husain v. State Of Madhya Pradesh

2020-01-07

AKHIL KUMAR SRIVASTAVA

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JUDGMENT 1. This is first bail application filed by the applicant-accused under Section 439 of the Cr.P.C. for grant of bail. Applicant is in custody since 09.12.2019 in connection with Crime No. 523/2019 registered at Police Station Excise Circle Raisen, District Raisen (M.P.) for the offence under Section 34(2) of M.P. Excise Act. 2. As per prosecution story, 90 bulk litres of illicit liquor has been seized from the joint possession of the applicant and two other co-accused. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated. He is in custody since 09.12.2019. It is further submitted that applicant is the first offender and no other case for the similar nature of offence has been registered against him. Charge sheet has been filed and trial will take time to conclude. There is no likelihood of applicant absconding and tampering with the prosecution evidence and his further custody is not required in this case. On these grounds, prayer is made to enlarge the applicant on bail. 4. Per contra, learned counsel for the State has opposed the submission made on behalf of the applicant and prayed for rejection of the bail application, however, conceded the fact that applicant has no criminal antecedents. 5. Looking to the facts and circumstances of the case along with the quantity of liquor seized from the joint possession of the applicant and other co-accused and the fact that no other case for the similar nature of offence has been registered against him, this application is allowed, without commenting on the merits of the matter. It is ordered that applicant - Ansar Hussain be released on bail on his furnishing personal bond in the sum of Rs. 1,00,000/- (Rupees One Lakh) with one solvent 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. 6. 1,00,000/- (Rupees One Lakh) with one solvent 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. 6. 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 them from disclosing such facts to the Court or to the Police Officer; (4) The applicant shall not commit any offence during the entire period of bail; (5) The applicant will not seek unnecessary adjournments during the trial; (6) The applicant will not leave India without previous permission of the trial Court; (7) The applicant shall inform the trial Court about his address and residence in case he moves out from his permanent address for any point of time; and (8) The applicant shall not contact any of the other accused persons in this case in any manner whatsoever. This order shall remain effective till the end of the trial but in case of jump and breach o f any of the pre-condition of bail, its hall become ineffective and cancelled without reference to this Bench. This application stands allowed. Certified copy as per rules.