Madhya Pradesh High Court
MCRC/4239/2024 of RAJENDRA 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. 4239 of 2024
BETWEEN:-
1.RAJENDRA S/O KAMAL SINGH RAWAT, AGEDABOUT 35 YEARS, OCCUPATION: KRASHI GRAMKAROBAHA POLICE THANA SEHORE DISTRICTSHIVPURI MP (MADHYA PRADESH)
2.NEERAJ S/O SHRI KAMAL SINGH RAWAT, AGEDABOUT 32 YEARS, R/O GRAM KAROBAHA, POLICESTATION SIHORE SHIVPURI (MADHYA PRADESH)
(BY MR. SOORAJ BHAN LODHI - ADVOCATE)
.....APPLICANTS
AND
THE STATE OF MADHYA PRADESH INCHARGE POLICESTATION THROUGH POLICE THANA KARERA DISTRICTSHIVPURI MP (MADHYA PRADESH)
(BY MR. GIRRAJ SONI - 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 applicants under Section 439 ofthe Cr.P.C. for grant of bail relating to FIR No. 01 of 2024 registered at PoliceStation Karera, District Shivpuri (M.P.) for the offence under Section 34 (2) ofExcise Act.
Allegation against the present applicants is that 70 bulk litres of illicitliquor has been seized from the joint possession of the applicants for which they were not having any valid license.
Learned counsel for the applicants argued that the applicants are innocentand have been falsely implicated. It is further argued that the applicants are incustody since 01.1.2024. Investigation has already been completed and charge-sheet has been filed, therefore, there is no requirement of further custodialinterrogation of the applicants. Offence is triable by JMFC and trial is likely totake long time to conclude. Applicants are the permanent resident of DistrictShivpuri (M.P.) and there is no possibility of their absconsion or tampering withthe prosecution evidence. Hence, he prays for grant of bail to the applicants.
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 applicants be released on bail on furnishing a personal bond inthe sum of Rs. 50,000 (Rupees Fifty Thousand Only) each with one solventsurety in the like amount each to the satisfaction of the trial Court/committalcourt.
This order will remain operative subject to compliance of the following conditions by the applicants:-
1) The applicants will comply with all the terms andconditions of the bond executed by them; conditions of the bond executed by them;
2) The applicants will cooperate in the investigation/trial, asthe case may be;the case may be; 3 ) The applicant will not indulge themselves in extendinginducement, threat or promise to any person acquainted withthe facts of the case so as to dissuade him/her from disclosing such facts to the Court or to the Police Officer, asthe case may be;
4) The applicants will not commit any other offence orwill not repeat the offence in future. In case, if they arefound involving in the offence of same nature, this bailorder shall stand cancelled automatically without furtherreference to the Bench.
5) The applicants will not seek unnecessary adjournmentsduring the trial; and
6) The applicants 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 and necessary 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.
AKS
(SUNITA YADAV)JUDGE