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2022 DIGILAW 711 (MP)

Ashish @ Chunna Chhari v. State of Madhya Pradesh

2022-05-04

RAJEEV KUMAR SHRIVASTAVA

body2022
JUDGMENT Rajeev Kumar Shrivastava, J. - The applicant has filed this first application u/S.439 Cr.P.C for grant of bail. applicant has been arrested on 12-03-2022 by Police Station ambah, District Morena (M.P.) in connection with Crime No. 153 of 2021 registered for offence punishable under Sections 34 and 49-a of the Excise act. It is submitted by learned counsel for the applicant that the applicant has been falsely implicated. The applicant is in custody since 12-03-2022. as per prosecution case, 9 liters of illicit country made liquor and around 250 liters lahan were recovered from the possession of applicant. Completion of investigation as well as conclusion of trial will take some time. applicant is ready and willing to abide by any condition which may be imposed by this Court. Hence, prayed for grant of bail to the applicant. Learned State counsel opposed the prayer and submitted that applicant has a criminal history and as many as two criminal cases have been registered against the applicant. Investigation is going on. It is further submitted that the FSL report of aforesaid seized liquor is still awaited. Hence, prayed for rejection of bail application. Heard the learned counsel for the parties and considered the arguments advanced by them and perused Case Diary. Considering the arguments advanced by learned counsel for the parties along with facts and circumstances of the case and the fact that the applicant is in custody since 12-03-2022 and trial will take its own time, without commenting upon the merits of the case, the application is allowed and it is hereby directed that the applicant shall be released on bail on his furnishing personal bond of Rs.2,00,000/- (Rupees two lac only) with one solvent surety in the like amount to the satisfaction of the Court concerned for his regular appearance before the trial Court concerned on the dates fixed by it. 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 investigation/trial, as the case may be; 3. 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 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 them from disclosing such facts to the Court or to the Police Officer, as the case may be; 4. The applicant shall not commit any kind of offence. In case of commission of any kind of offence, this bail order shall automatically stand cancelled and whole amount of bail bonds will be seized; 5. The applicant will not move in the vicinity of complainant party and applicant will not seek unnecessary adjournments during the trial; 6. The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be; 7. The applicant shall mark his presence before the SHO of concerning police station once in every month till conclusion of trial. It is made clear that after the FSL report is received, if it is found that the liquor in question seized from the possession of applicant is unfit for human consumption, then this order shall lose its effect and the applicant shall be under obligation to immediately surrender before the Trial Court concerned. Other wise, this order shall remain in force till conclusion of trial. Application stands disposed of in above terms. Let a copy of this order be sent to the trial Court concerned for information.