ORDER

1. The applicant has filed this FIRST application under section 439 of Code of Criminal Procedure, for grant of bail. Applicant has been arrested on 6.3.2023 by Police Station- Kanhiwada, District-Seoni, relating to FIR/Crime No.57/2023 for the offence punishable under section 34 (2) of the M.P. Excise Act, 1915.

2. It is the submission of learned counsel for the applicant that the applicant is suffering confinement since 6.3.2023 and charge-sheet has already been filed. It is further submitted that as per allegations, 60 liters of country made liquor has been seized from possession of the applicant. No custodial interrogation is required. Applicant does not bear any criminal record. Applicant learnt the lesson hard way and would mend his ways to become better citizen and would not indulge in same nature of offence in future. Applicant undertakes to cooperate in trial and will abide by all the terms and conditions as imposed by this Court. Applicant further undertakes to perform community service to purge his misdeeds, if any, and to serve National/Environmental/Social Cause. Upon these grounds, counsel prayed for bail to the applicant.

3. Learned Government Advocate for the State opposed the bail application and prayed for its dismissal.

4. Heard learned counsel for the parties at length and perused the case-diary.

5. Considering the above submissions advanced by learned counsel for the parties and the fact situation, a chance be given to applicant for course correction, therefore, without commenting on the merits of the case, and as per the spirit of community service echoed in the order of Sunita Gandharva v. State of M.P. reported in 2020(3) MPLJ (Cri.) 247, the application is allowed. It is hereby directed that the applicant shall be released on bail on his furnishing personal bond of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of trial Court.

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

1. The applicant will comply with all the terms and 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 extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to the Police Officer, as the case may be;

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

5. The applicant will not seek unnecessary adjournments during the trial;

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

7. The applicant shall not involve in any criminal activity in future and would participate in creative pursuits.

8. It is made clear that this bail is granted once the case is made out for bail and thereafter, direction for plantation of saplings is given and it is not the case where a person intends to serve social cause can be given bail without considering the merits.

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