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2022 DIGILAW 555 (MP)

Madhav Singh @ Madho Singh Azad v. State of Madhya Pradesh

2022-04-05

RAJEEV KUMAR DUBEY

body2022
JUDGMENT Rajeev Kumar Dubey, J. - Heard with the aid of case diary. This is the first application under Section 439 of Cr.P.C for grant of bail. applicant Madhav Singh @ Madho Singh azad was arrested on 18/02/2022 in connection with Crime No.99/2022 registered at Police Station Budhni, Sehore (M.P.) for the offence punishable under Section 34(2) of M.P. Excise act. as per the prosecution case, on 18/3/2022 on the information of informant, police apprehended co-accused Shishank, who was standing behind the beetal shop, located near azad Hotel Budhni and seized 81.05 bulk liter of English liquor from his possession, which was illegally kept by the applicant behind the beetal shop. On interrogation, co-accused Shishank informed the police that the applicant gave that liquor to him for illegal sale, so police also arrested the applicant on 18/3/2022. Learned counsel for the applicant submits that the applicant is innocent and has falsely been implicated in the offence. There is no evidence on record to show that the beetal shop, from where police allegedly seized liquor, was belonged to the applicant. Police only on the basis of a memorandum of co-accused, implicated the applicant in the crime, while the confessional statement to police cannot be accepted as legal evidence against the applicant in the absence of any other incriminating piece of evidence. Nothing has been recovered from the possession of the applicant. The applicant has been in custody since 18/3/2022 and conclusion of trial will take time, hence it is prayed that the applicant be released on bail. Learned counsel for the State opposed the prayer and submitted that applicant has criminal past and six other offences are also registered against the applicant, so he should not be released on bail. The applicant has been in custody since 18/3/2022 and conclusion of trial will take time, hence it is prayed that the applicant be released on bail. Learned counsel for the State opposed the prayer and submitted that applicant has criminal past and six other offences are also registered against the applicant, so he should not be released on bail. Looking to the facts and circumstances of the case, contention of learned counsel for the applicant and the fact that nothing has been recovered from the possession of the applicant, police only on the basis of memorandum of co- accused, implicated him in the crime, while the confessional statement to police cannot be accepted as legal evidence against the applicant in the absence of any other incriminating piece of evidence, applicant is in custody since 18/3/2022 and conclusion of the trial will take time, without commenting on 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 surety in the like amount to the satisfaction of the concerned CJM/trial 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. 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; 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. C.C. on payment of usual charges.