Madhya Pradesh High Court
MCRC/50108/2018 of GOPAL Vs THE STATE OF MADHYA PRADESH on 31 December 2018
Madhya Pradesh, Jabalpur Bench at Indore Miscellaneous Criminal
1
High Court of Madhya Pradesh, JabalpurBench at Indore Miscellaneous Criminal Case No.50108/2018
(Gopal s/o Badrilal Kalal
Mohan s/o ShobharamVersusThe State of Madhya Pradesh)
Indore, Dated 31.12.2018Mr. Manish Yadav, learned counsel for the applicants.
Mr. Bhuvan Gautam, learned Public Prosecutorfor the non-applicant / State of Madhya Pradesh.
Heard with the aid of case diary.
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O R D E R
At the out set, learned counsel for the applicantprays for withdrawal of first application under Section439 of Criminal Procedure Code, 1973 for grant of bailfiled on behalf of applicant No.1 Gopal s/o BadrilalKalal, who is implicated in connection with CrimeNo.269/2018 registered at Police Station, Soyatkala,District Agar Malwa (MP) for offence punishableunder Section 34 (2) of the Madhya Pradesh ExciseAct, 1915.
2. Prayer is allowed.
3. Accordingly, Miscellaneous Criminal CaseNo.50108/2018 in respect of applicant No.1 Gopal s/oBadrilal Kalal is dismissed as withdrawn.
4. As per statement made by the accused /applicant, this is sole (first) bail application underSection 439 of the Code of Criminal Procedure, 1973
before the High Court in connection with CrimeNo.269/2018 under Section 34 (2) of the MadhyaPradesh Excise Act, 1915 registered at Police StationSoyatkala, District Agar Malwa (MP).
5. According to the prosecution case, the presentapplicant has been impleaded in the array of accusedfor having in his possession 50 bulk liters of illicitliquor, which has been recovered from his possessionwithout any license.
6. In view of the evidence available on record andother facts and circumstances of the case and also thequantity alleged to have been seized, I deem it properto release the accused / applicant on bail. Therefore,without commenting on merits of the case, theapplication is allowed.
It is directed that applicant No.2 Mohan s/oShobharam be released from custody on hisfurnishing a personal bond in the sum ofRs.40,000/- (Rupees Forty Thousand Only)with one solvent surety to the satisfaction of the TrialCourt for his appearance before the Trial Court, as andwhen required further, subject to the followingconditions :-
(i) The applicant shall co-operate with the trial andshall not seek unnecessary adjournments on frivolousgrounds to protract the trial;
(ii) The applicant shall not directly or indirectlyallure or make any inducement, threat or promise to Pithawe RC
the prosecution witnesses, so as to dissuade him / herfrom disclosing truth before the Court;
(iii) The applicant shall not commit any offence orinvolve in any criminal activity; and,
(iv) In case of his involvement in any other criminalactivity or breach of any other aforesaid conditions,the bail granted in this case may also be cancelled.
7. Miscellaneous Criminal Case No.50108/2018
.stands disposed of
(Virender Singh)
Vacation Judge