Madhya Pradesh High Court
MCRC/4627/2024 of CHHOTU SHAKYA 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 GWALIOR
BEFORE
HON'BLE SMT. JUSTICE SUNITA YADAVON THE 2[nd] OF FEBRUARY, 2024
MISC. CRIMINAL CASE No. 4627 of 2024
BETWEEN:-
CHHOTU SHAKYA S/O RATANLAL SHAKYA, AGEDABOUT 25 YEARS, OCCUPATION: AGRICULTUREVILLAGE JASRAJPUR P.S. SIRSOD DISTRICT SHIVPURI(MADHYA PRADESH)
(BY MR. VIPUL BILGAIYAN - ADVOCATE)
.....APPLICANT
AND
THE STATE OF MADHYA PRADESH INCHARGE POLICESTATION THROUGH POLICE STATION KOTWALIDISTRICT SHIVPURI (MADHYA PRADESH)
(BY MR. PRABHAKAR KUSHWAH - 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 of theCrPC for grant of bail relating to FIR No. 420 of 2023 registered at PoliceStation Kotwali, District Shivpuri (M.P.) for the offence under Section 49 (A)of Excise Act.
Allegation against the present applicant is that 4 litres of illicit liquor hasbeen seized from the possession of the applicant, which was found to be unfitfor human consumption.
Learned counsel for the applicant argued that the applicant is innocent and has been falsely implicated. He is in custody since 17.6.2023. Afterconclusion of investigation, charge-sheet has already been filed, therefore, thereis no requirement of further custodial interrogation of the applicant. It is furthersubmitted that offence is triable by JMFC and trial is likely to take long time toconclude. Applicant is the permanent resident of District Shivpuri (M.P.) havingno criminal antecedents, therefore, there is no possibility of his absconsion ortampering with the prosecution evidence. He is ready to abide by all the termsand conditions imposed by this Court while granting bail. On these grounds, heprays 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 itis directed that the applicant be released on bail on furnishing a personal bondin the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solventsurety in the like amount to the satisfaction of the trial Court/committal 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;
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, as the case may be;
4) The applicant shall not commit any offence duringpendency of the trial, failing which, this bail order shall standcancelled automatically without further reference to theBench;
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 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