Madhya Pradesh High Court

MCRC/4030/2024 of RAMAKANT MISHRA Vs THE STATE OF MADHYA PRADESH on 2 February 2024

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COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SMT. JUSTICE

1

IN THE HIGH COURT OF MADHYA PRADESHAT GWALIORBEFORE

HON'BLE SMT. JUSTICE SUNITA YADAVON THE 2[nd] OF FEBRUARY, 2024

MISC. CRIMINAL CASE No. 4030 of 2024

BETWEEN:-

1.RAMAKANT MISHRA S/O OMKAR MISHRA, AGEDABOUT 32 YEARS, OCCUPATION: LABOUR, R/OTEELA MOHALLA UDGAWAN POLICE STATIONJIGNA DISTRICT DATIA (MADHYA PRADESH)

2.RAMBABU TIWARI S/O SHRI MATADEEN, AGEDABOUT 38 YEARS, VILL. JIGNA P.S. JIGNA,DISTRICT DATIA (MADHYA PRADESH)

(BY SHRI NAVAL KISHORE GUPTA - ADVOCATE )

.....APPLICANT

AND

THE STATE OF MADHYA PRADESH THROUGH POLICESTATION CIVIL LINE DISTRICT DATIA (MADHYAPRADESH)

.....RESPONDENT

(BY SHRI PRABHAT PATERIYA - DY. PUBLIC PROSECUTOR )

This application coming on for admission this day, the court passed the following:

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ORDER

This is first application filed by the applicants under Section 439 of theCrPC for grant of bail relating to FIR No. 39 of 2024 registered at PoliceStation Civil Line, District Datia (M.P.) for the offence under Section 34 (2) ofExcise Act.

Allegation against the present applicant is that 179 bulk litres of illicitliquor has been seized from joint possession of applicants without having any valid license.

Learned counsel for the applicants argued that the applicants are innocentand have been falsely implicated. They are in custody since 16.01.2024. It isfurther submitted that offence is triable by JMFC and trial is likely to take longtime to conclude. Applicants are ready to abide by all the terms and conditionsimposed by this Court while granting bail. On these grounds, he prays for grantof bail to the applicants.

Per contra, learned counsel for the State vehemently opposed the bailapplication and prayed for its dismissal.

Heard learned counsel for the rival parties and perused the case diaryavailable on record.

Considering the facts and circumstances of the case, but withoutexpressing any opinion on merits of the case, this application is allowed and itis directed that the applicants be released on bail on furnishing a personal bondby each of the applicant in the sum of Rs.100,000/- (Rupees One LakhOnly) each with one solvent surety in the like amount to the satisfaction of thetrial Court/committal Court.

This order will remain operative subject to compliance of the followingconditions by the applicants:-

1) The applicants will comply with all the terms andconditions of the bond executed by them;conditions of the bond executed by them;

2) The applicants will cooperate in the investigation/trial, asthe case may be;the case may be; 3 ) The applicant will not indulge themselves in extendinginducement, threat or promise to any person acquainted withthe facts of the case so as to dissuade him/her fromdisclosing such facts to the Court or to the Police Officer, asthe case may be;

4) The applicants will not commit any other offence or will not repeat the offence in future. In case, if he/she is foundinvolving in the offence of same nature, this bail order shallstand cancelled automatically without further reference to theBench.

5) The applicants will not seek unnecessary adjournmentsduring the trial; and

6) The applicants will not leave India without previouspermission of the trial Court/Investigating Officer, as the casemay be.

Learned State counsel is directed to send an e-copy of this order to the Station House Officer of the concerned Police Station for information andnecessary action.

E- copy of this order be sent to the trial Court concerned for compliance, if possible, by the office of this Court.

Certified copy as per rules.

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(SUNITA YADAV)JUDGE

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