Madhya Pradesh High Court
MCRC/4765/2024 of SUNIL KEWAT Vs THE STATE OF MADHYA PRADESH on 5 February 2024
COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SMT.
1
IN THE HIGH COURT OF MADHYA PRADESHAT GWALIORBEFORE
HON'BLE SMT. JUSTICE SUNITA YADAVON THE 5[th] OF FEBRUARY, 2024
MISC. CRIMINAL CASE No. 4765 of 2024
BETWEEN:-
SUNIL KEWAT S/O SHRI KHEMSINGH KEWAT BY CASTE: KEWAT COMMUNITY, AGED 26 YEARS, OCCUPATION:FISHING, R/O VILLAGE SIKRODA P.S. GORMI, BHIND(M.P.) PRESENTLY R/O SHIV COLONY PINTO PARK,GWALIOR (MADHYA PRADESH)
(BY SHRI SUNIL BHARDWAJ - ADVOCATE)
.....APPLICANT
AND
THE STATE OF MADHYA PRADESH THROUGH POLICESTATION SIHONIYA DISTRICT MORENA (MADHYAPRADESH)
(BY SHRI ROHIT SHARIVASTAVA - PANEL LAWYER)
.....RESPONDENT
This application coming on for admission this day, the court passed the following:
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ORDER
This is the first application filed by the applicant under Section 439 ofthe Cr.P.C. for grant of bail relating to Crime No. 49 of 2023 registered atPolice Station Sihoniya, District Morena (M.P.) for the offence under Section34 (2) of M.P. Excise Act 1915.
Allegation against the applicant/accused is that 63 bulk litres of liquorhas been recovered from his possession, for which, he was not having any validand effective license.
Learned counsel for the applicant argued that applicant is an innocent person and has been falsely implicated. The case is triable by JMFC. The applicant isin custody since 05.01.2024. Charge sheet has been filed. The applicant ispermanent resident of District Gwalior. Applicant is not having criminalantecedent. Conclusion of trial is likely to take time and there is no likelihood ofhis absconsion, if released on bail. On these grounds, he prays for grant of bailto the applicant.
Per contra, learned Panel Lawyer for the respondent/State vehementlyopposed the bail application 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 it isdirected that the applicant be released on bail on furnishing a personal bond inthe sum of Rs. 50,000/- (Rupees Fifty Thousand Only) with one solventsurety in the like amount to the satisfaction of the trial Court.
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, asthe case may be;
3) The applicant will not indulge himself 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 applicant shall not commit an offence similar to theoffence of which he is accused;
5) The applicant will not seek unnecessary adjournments during the trial; and
6) The applicant 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.
AK/-
(SUNITA YADAV)JUDGE