Madhya Pradesh High Court
MCRC/51789/2018 of RAJKUMAR Vs THE STATE OF MADHYA PRADESH on 31 December 2018
COURT OF MADHYA PRADESH MCRC-51789-2018 (RAJKUMAR Vs THE STATE OF MADHYA
THE HIGH COURT OF MADHYA PRADESHMCRC-51789-2018
(RAJKUMAR Vs THE STATE OF MADHYA PRADESH)
Gwalior, Dated : 31/12/2018
Shri Pradeep Katare, learned counsel for the applicant.
Shri R.S. Yadav, learned Public Prosecutor for therespondent-State.
With consent heard finally.
The applicant has filed second application u/S. 439, Cr.P.C.for grant of bail. First application was dismissed as withdrawn videorder dated 13.11.2018 passed in M.Cr.C No. 45027/2018.
The applicant has been arrested by Police Station Dehat,District Ashoknagar in connection with Crime No.532/2018registered in relation to the offence punishable u/S. 34 (2) ofExcise Act further added Sec. 49 of Excise Act.
It is the submissions of learned counsel for applicant thatcharge sheet has been filed and therefore, he reiterating the prayerfor bail. Applicant is in confinement since 15.10.2018 and nooffence of same nature has been registered against him. As perprosecution, 56 liters of country made liquor alleged to have beenseized from the possession of the applicant. He undertakes tocooperate in the trial and would make himself available all thedates as given by the trial Court. His confinement would amount topre trial detention.
Learned Public Prosecutor for the respondent/State opposedthe prayer and prayed for dismissal of the application.
Heard learned counsel for the parties and perused the casediary.
Considering the submissions advanced by the counsel for theapplicant and on perusal of the case diary, without expressing anyopinion on the merits of the case, this Court deems it appropriate LJ*
THE HIGH COURT OF MADHYA PRADESHMCRC-51789-2018
(RAJKUMAR Vs THE STATE OF MADHYA PRADESH)
to allow this application in the following terms.
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It is hereby directed that the applicant shall be released on bail on his furnishing a personal bond of Rs.50,000/-(Rupees Fifty thousand Only)with one solvent surety of the likeamount to the satisfaction of the concerned trial Court.
This order will remain operative subject to compliance of thefollowing conditions by the applicant :-
1. The applicant will comply with all the terms and conditions ofthe bond executed by him;
2. The applicant will cooperate in the investigation/trial, as thecase may be;
3. The applicant will not indulge himself in extendinginducement, threat or promise to any person acquitted with thefacts of the case so as to dissuade him from disclosing such facts tothe Court or to the Police Officer, as the case may be and would notmove in the vicinity of the complainant;
4. The applicant shall not commit an offence similar to theoffence of which he is accused;
5. The applicant will not seek unnecessary adjournments duringthe trial;
6. The applicant will not leave India without previouspermission of the trial Court/Investigating Officer, as the case may be; and A copy of this order be sent to the Court concerned for compliance.
Certified copy as per rules.
(Anand Pathak)
V. JUDGE
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