Madhya Pradesh High Court
MCRC/50192/2018 of SHYAMCHARAN @ BOHARE YADAV Vs THE STATE OF MADHYA PRADESH on 31 December 2018
COURT OF MADHYA PRADESH M.Cr.C. No.50192/2018 (Shyamcharan @ Bohare Yadav Vs.
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Arguments
THE HIGH COURT OF MADHYA PRADESHM.Cr.C. No.50192/2018(Shyamcharan @ Bohare Yadav Vs. State of M.P.)
Gwalior, dated : 31/12/2018
Shri Deependra Singh Kushwaha, learned counsel for theapplicant.
Shri R.S. Yadav, learned Public Prosecutor for therespondent-State.
With consent heard finally.
This is first bail application under Section 439 of Cr.P.C. onbehalf of the applicant. The applicant is in custody since25/11/2018 in connection with Crime No.194/2018 registered atPolice Station M.P. Excise Department Circle No.2, Bhind for theoffence punishable under Sections 34 (1)(a) and 34(2) of M.P.Excise Act.
Learned counsel for the applicant submits that the applicanthas been falsely implicated in the matter. As per prosecution case,117 bulk liters of country made liquor alleged to have been seizedfrom the possession of the applicant. Applicant is in custody since25/11/2018 and trial would take considerable time to conclude. It issubmitted that applicant has no past criminal antecedent and heundertakes to cooperate in the trial as well as in the investigationas and when required, therefore, applicant prayed for grant of bail.
Learned Public Prosecutor opposed the prayer and prayedfor dismissal of bail application.
Heard the counsel for parties and perused the case diary.
Considering the submissions made by learned counsel forthe parties as well as the fact that confinement amounts to pretrialdetention, without expressing any opinion on merits of the case,the application filed under Section 439 of Cr.P.C. is allowed. It isdirected that the applicant-Shyamcharan @ Bohare Yadav bereleased on bail on furnishing a personal bond in the sum ofRs.50,000/- (Rs. Fifty Thousand Only) with one solvent surety in THE HIGH COURT OF MADHYA PRADESHM.Cr.C. No.50192/2018(Shyamcharan @ Bohare Yadav Vs. State of M.P.)
the like amount to the satisfaction of the trial Court for his regularappearance before the trial Court on the condition that he shall remain present before the Court concerned during the 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 conditionsof the bond executed by him;
2. The applicant will cooperate in the investigation/trial, asthe case may be;
3. The applicant will not indulge himself in extendinginducement, threat or promise to any person acquainted with thefacts of the case so as to dissuade him from disclosing such factsto the Court or to the Police Officer, as the case may be.
4. The applicant will not commit an offence similar to theoffence of which he is accused;
5. The applicant will not seek unnecessary adjournmentsduring the trial; and
6. The applicant will not leave India without previouspermission of the trial Court/Investigating Officer, as the case may be.
A copy of this order be sent to the Court concerned forcompliance.
vc
(Anand Pathak)
V. Judge
VARSHA CHATURVEDI 2018.12.31 16:02:28 -08'00'