Madhya Pradesh High Court
MCRC/52123/2018 of RAJVEER SINGH GURJAR Vs THE STATE OF MADHYA PRADESH on 31 December 2018
COURT OF MADHYA PRADESH MCRC-52123-2018 (RAJVEER SINGH GURJAR Vs THE STATE OF
THE HIGH COURT OF MADHYA PRADESHMCRC-52123-2018
(RAJVEER SINGH GURJAR Vs THE STATE OF MADHYA PRADESH)
Gwalior, Dated : 31/12/2018
Shri Jagdish Prasad Sharma, learned counsel for theapplicant.
Shri Abhishek Mishra, learned Public Prosecutor for therespondent-State.
With consent heard finally.
The applicant has filed this first application u/S. 439, Cr.P.C.for grant of bail. The applicant has been arrested by Police Station Maharajpura, District Gwalior in connection with CrimeNo.459/2018 registered in relation to the offence punishable u/S.34 (2) of Excise Act.
Learned counsel for the applicant submits that the applicanthas been falsely implicated in the matter. As per prosecution, 62liters of country made liquor alleged to have been seized from thepossession of the applicant. The case is triable by the trial Court.The applicant is in custody since 06.11.2018 and trial would takeconsiderable time to conclude, therefore, the applicant may bereleased on bail.
Learned Public Prosecutor for the respondent/State opposedthe prayer and prayed for dismissal of the application.
Heard learned counsel for the parties and perused the casediary.
Considering the submissions advanced by the counsel for theapplicant and on perusal of the case diary, without expressing anyopinion on the merits of the case, this Court deems it appropriateto allow this application in the following terms.
It is hereby directed that the applicant shall be released on bail on his furnishing a personal bond of Rs.50,000/-(RupeesFifty thousand Only)with one solvent surety of the like LJ*
THE HIGH COURT OF MADHYA PRADESHMCRC-52123-2018
(RAJVEER SINGH GURJAR Vs THE STATE OF MADHYA PRADESH)
amount to the satisfaction of the concerned trial Court.
This order will remain operative subject to compliance of thefollowing conditions by the applicant :-
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1. The applicant will comply with all the terms and conditions ofthe bond executed by him;
2. The applicant will cooperate in the investigation/trial, as thecase may be;
3. The applicant will not indulge himself in extendinginducement, threat or promise to any person acquitted with thefacts of the case so as to dissuade him from disclosing such facts tothe Court or to the Police Officer, as the case may be and would notmove in the vicinity of the complainant;
4. The applicant shall not commit an offence similar to theoffence of which he is accused;
5. The applicant will not seek unnecessary adjournments duringthe trial;
6. The applicant will not leave India without previouspermission of the trial Court/Investigating Officer, as the case maybe; and A copy of this order be sent to the Court concerned for compliance.
Certified copy as per rules.
(Anand Pathak)
V. JUDGE