Madhya Pradesh High Court
MCRC/4574/2024 of SHIVRAJ SINGH Vs THE STATE OF MADHYA PRADESH on 2 February 2024
COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SMT.
1
IN THE HIGH COURT OF MADHYA PRADESHAT GWALIORBEFORE
HON'BLE SMT. JUSTICE SUNITA YADAVON THE 2[nd] OF FEBRUARY, 2024
MISC. CRIMINAL CASE No. 4574 of 2024
BETWEEN:-
SHIVRAJ SINGH S/O SHRI KISHANLAL, AGED ABOUT 32YEARS, OCCUPATION: AGRICULTURE GRAM KAFARTHAN AND TEHSIL KHANIYADHANA DISTRICTSHIVPURI M.P. (MADHYA PRADESH)
(BY MR. ANAND PUROHIT - ADVOCATE)
.....APPLICANT
AND
THE STATE OF MADHYA PRADESH INCHARGE POLICESTATION THROUGH POLICE STATION AMOLADISTRICT SHIVPURI MP (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 first application filed by the applicant under Section 439 of theCrPC for grant of bail relating to FIR No. 03 of 2024 registered at PoliceStation Amola, District Shivpuri (M.P.) for the offence under Sections 34(2) ofExcise Act.
Allegation against the present applicant is that 900 litres of country madeplain illicit liquor worth of Rs.3,50,000/- has been seized from the jointpossession of present applicant and co-accused persons without having anyvalid license.
Learned counsel for the applicant argued that the applicant is innocentand has been falsely implicated. It is further argued that seized liquor belongs toits contractor and not the applicant. The applicant is in custody since08.01.2024. Investigation has already been completed by filing of charge-sheet, therefore further custodial interrogation is no more required. It is furthersubmitted that offence is triable by JMFC and trial is likely to take long time toconclude. Applicant is ready to abide by all the terms and conditions imposedby this Court while granting bail. Further argument is that co-accused DevendraLodhi has already been granted bail by this Court by order dated 31.1.2024passed in MCRC No.2719 of 2024 and case of the present applicant is in paritywith the co-accused. On these grounds, he prays for grant of bail to theapplicant.
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, as the 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, asthe case may be;
4) The applicant will not commit any other offence or will not repeat the offence in future. In case, if he/she isfound involving in the offence of same nature, this bailorder shall stand cancelled automatically without furtherreference to the Bench.
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 andnecessary 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