Madhya Pradesh High Court
MCRC/48979/2018 of SHYAM SINGH Vs THE STATE OF MADHYA PRADESH on 31 December 2018
Madhya Pradesh, Jabalpur Bench at Indore Miscellaneous Criminal
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High Court of Madhya Pradesh, JabalpurBench at Indore Miscellaneous Criminal Case No.48979/2018
(Shyam Singh s/o Pur Singh Rajput
VersusThe State of Madhya Pradesh)
Indore, Dated 31.12.2018
Mr. Ritu Raj Bhatnagar, learned counsel for theapplicant.
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
This first bail application under Section 439 ofthe Code of Criminal Procedure, 1973 has been filed byapplicant Shyam Singh s/o Pur Singh Rajput beforethe High Court in connection with CrimeNo.304/2018 under Section 34 (2) of the MadhyaPradesh Excise Act, 1915 registered at Police StationTaal, District Ratlam (MP).
Prosecution case is that 630 bulk litres of countrymade foreign liquor has been seized from thepossession of co-accused Balu Singh s/o Devi SinghRajput, when Police trapped pick up vehicle bearingregistration number MP-41 GA-1050 and searched thesame. As per the prosecution case, present applicant(Shyam Singh) was driving the vehicle; and at the timeof incident managed to escape. Later on, he wasimplicated on the basis of statement of co-accused Pithawe RC
Balu Singh.
In view of the evidence available in the case diaryand other facts and circumstances of the case, I deemit proper to release the accused / applicant on bail.Therefore, without commenting on merits of the case, the application is allowed.
It is directed that the applicant Shyam Singhs/o Pur Singh Rajput be released from custody onhis furnishing a personal bond in the sum ofRs.50,000/- (Rupees Fifty Thousand Only) withone 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 indirectly allureor make any inducement, threat or promise to theprosecution witnesses, so as to dissuade him / her fromdisclosing 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, thebail granted in this case may also be cancelled.
4. Miscellaneous Criminal Case No.48979/2018.stands disposed of (Virender Singh) Vacation Judge