Madhya Pradesh High Court
MCRC/4693/2024 of SUANAND ALIAS SHIVANAND Vs THE STATE OF MADHYA PRADESH on 2 February 2024
COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SMT.
IN THE HIGH COURT OF MADHYA PRADESHAT GWALIORBEFORE
HON'BLE SMT. JUSTICE SUNITA YADAVON THE 2[nd] OF FEBRUARY, 2024
MISC. CRIMINAL CASE No. 4693 of 2024
BETWEEN:-
SUANAND ALIAS SHIVANAND S/O SHRI SURAJ SINGH,AGED ABOUT 22 YEARS, VILLAGE SAKONYA TEHSILRADHOGARH DISTRICT GUNA (MADHYA PRADESH)
.....APPLICANT
(SHRI ANIKET BHADORIA, LEARNED COUNSEL FOR THE PETITIONER) .
AND
THE STATE OF MADHYA PRADESH INCHARGE POLICESTATION THROUGH POLICE STATION KUMBHRAJDISTRICT GUNA (MADHYA PRADESH)
.....RESPONDENTS
( SHRI DINESH SAVITA -P.L.-APPEARING ON BEHALF OF ADVOCATEGENERAL).
This application coming on for admission hearing 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 FIR No. 15 of 2024 registered at PoliceStation Kumbhraj, District Guna (M.P.) for the offence under Sections 34 (2) ofExcise Act.
Allegations against the applicant/accused, in short, are that the policeapprehended the applicant and recovered from his possession 65 bulk litres ofliqour, for which, he was not having any valid and effective license.
Learned counsel for the applicant argued that applicant is an innocent person and has been falsely implicated. He further argued that applicant is the onlyearning member of his family. The case is triable by JMFC. The applicant is incustody since 16/01/2024. Investigation is nearing completion and furthercustodial interrogation of the applicant may not be required. The applicant ispermanent resident of District Guna. Conclusion of trial is likely to take timeand there is no likelihood of his absconsion, if released on bail. On thesegrounds, he prays for grant of bail to the applicant.
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 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 two localsolvent sureties in the like amount to the satisfaction of the trial Court.
This order will remain operative subject to compliance of the followingconditions by the applicant:-
1) The applicant will comply with all the terms andconditions of the bond executed by him; conditions of the bond executed by him;
2) The applicant will cooperate in the investigation/trial, asthe case may be;the 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 will not commit any other offence orwill not repeat the offence in future. In case, if he/she is found involving in the offence of the same nature, this bailorder shall stand cancelled automatically without furtherreference to the Bench.
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 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.
Durgekar
(SUNITA YADAV)JUDGE