Madhya Pradesh High Court

MCRC/52877/2018 of RAM SINGH Vs THE STATE OF MADHYA PRADESH on 31 December 2018

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No. 52877/18 THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No. 52877/18

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M.Cr.C. No. 52877/18

THE HIGH COURT OF MADHYA PRADESHM.Cr.C. No. 52877/18

(Ram Singh Vs. State of M.P.)

Gwalior, Dated 31/12/18

Shri Mayank Bajpaye, learned counsel for the applicant.

Shri Abhishek Mishra, learned Public Prosecutor for therespondent/State.

Case Diary is perused.

Learned counsel for the rival parties are heard.

This is the first bail application under Section 439 of Cr.P.C. onbehalf of the applicant. The applicant is in custody since 20/12/18 inconnection with Crime No.325/2018 registered at Police StationBamorkala District Shivpuri for the offence punishable under Section34(2) of M.P. Excise Act.

As per the story of prosecution, the applicant along with other co-accused person was carrying 50 bulk liters country made liquor withoutany valid permit or license. Prosecution story discloses alleged offenceu/S. 34 (2) of Excise Act which prescribes for maximum punishment ofthree years.

It is submitted by learned counsel for the applicant that he hasbeen falsely implicated in the case. Applicant is reputed citizen of thelocality and no criminal antecedents is alleged against him. Applicant isready to cooperate in the investigation and as and when required by theInvestigating Officer he will make himself available. Confinementamounts to pretrial detention.

On the other hand, learned counsel for the State on the basis ofcase diary opposed the bail application and prayed for dismissal of bailapplication.

Considering the submissions made by learned counsel for theparties as well as the fact that confinement amounts to pretrialdetention, without expressing any opinion on merits of the case, theapplication filed under Section 439 of Cr.P.C. is allowed. It is directed 2M.Cr.C. No. 52877/18

that the applicant be released on bail on furnishing a personal bond inthe sum of Rs.50,000/- (Rs. Fifty Thousand Only) with one solventsurety in the like amount to the satisfaction of the trial Court for hisregular appearance before the trial Court on the condition that he shallremain present before the Court concerned during the trial.

This order will remain operative subject to compliance of the following conditions by the applicant:-

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1. The applicant will comply with all the terms and conditions of the bond executed by him;of the bond executed by him;

2. The applicant will cooperate in the investigation/trial, as thecase may be;case may be;

3. The applicant will not indulge himself in extending inducement,threat or promise to any person acquainted with the facts of thecase so as to dissuade him from disclosing such facts to the Courtor to the Police Officer, as the case may be.

4. The applicant will not commit an offence similar to the offenceof which he is accused;of which he is accused;

5. The applicant will not seek unnecessary adjournments duringthe trial; andthe trial; and

6. The applicant will not leave India without previous permissionof the trial Court/Investigating Officer, as the case may be.

A copy of this order be sent to the Court concerned forcompliance.

ojha

(Anand Pathak)

V. Judge

YOGENDRA OJHA 2018.12.31 16:12:30 -08'00'

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