Madhya Pradesh High Court
MCRC/4606/2024 of KESHAV ADIWASI Vs THE STATE OF MADHYA PRADESH on 2 February 2024
COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI
1
IN THE HIGH COURT OF MADHYA PRADESHAT JABALPURBEFORE
HON'BLE SHRI JUSTICE VISHAL DHAGATON THE 2[nd] OF FEBRUARY, 2024
MISC. CRIMINAL CASE No. 4606 of 2024
BETWEEN:-
KESHAV ADIWASI S/O SHRI BABULAL ADIWASI, AGEDABOUT 32 YEARS, OCCUPATION: LABOUR R/OAZADGANJ YPASS ROAD NIWARI DISTRICT NIWARI(MADHYA PRADESH)
(BY SHRI VIKAS JYOTISHI - ADVOCATE)
.....APPLICANT
AND
THE STATE OF MADHYA PRADESH THROUGH POLICESTATION NIWARI DISTRICT NIWARI (MADHYAPRADESH)
(BY SHRI S.P. CHADAR - GOVERNMENT ADVOCATE)
.....RESPONDENTS
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 applicant under Section 439 of the Code of Criminal Procedure for grant of regular bail relating to FIRNo.400/2023 registered at Police Station-Niwari, District-Niwari (M.P.) for theoffence under Section 34(2) of the MP Excise Act.
2. Learned counsel appearing for the applicant submitted that applicant is in jail since 15.08.2023. Applicant is innocent and has falsely been implicated inthe case. Offence is triable by Judicial Magistrate First Class. Applicant ishaving no criminal record. Investigation is complete and charge sheet has been filed. In these circumstances, applicant may be released on bail.
3. Learned Government Advocate appearing for the State opposed the application for grant of bail.
4. Heard the counsel for the parties.
5 . Considering the totality of aforesaid facts and circumstances of the case and the fact that offence is triable by Judicial Magistrate First Class,applicant is having no criminal record, investigation is complete and chargesheet has been filed, without commenting on the merits of the case, bailapplication filed by applicant is allowed.
6. It is directed that the applicant shall be released on bail on furnishing personal bond of Rs.50,000/- (Rs. fifty thousand only) with one solvent suretyin the like amount to the satisfaction of the trial Court concerned for his regularappearance before Court on all such dates as may be fixed in this regard duringpendency of trial.
7. The applicant shall also abide by the following conditions of Section437 (3) of Cr. P. C. as under:- (a) that such person shall attend in accordance with the conditions of thebond executed under this Chapter; (b) that such person shall not commit any offence similar to the offenceof which he is accused, or suspected of the commission of which he issuspected and;
(c) that such person shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case as todissuade him from disclosing such facts to the Court or to any police officer ortamper with the evidence.
8. C.C. as per rules.
$A
(VISHAL DHAGAT)JUDGE