JUDGMENT

1. The applicant has filed this FIRST bail application u/S.439 Cr.P.C for grant of bail. Applicant has been arrested on 09.05.2022, by Police Station- Indar, District-Shivpuri, in connection with Crime No.101/2022, for the offence punishable under Sections 49-A of the M.P. Excise Act.

2. It is the submission of the learned counsel for the applicant that a false case has been registered against the applicant. Only allegation is in respect of possession of 12 liters illicit liquor and charge-sheet has already been filed. If FSL report ultimately comes against the applicant then applicant is ready to surrender himself. Although it may be hazardous, but in long term, it causes cancer. Charge-sheet has also been filed. Confinement since 09.05.2022 amounts to pretrial detention.

3. Applicant does not bear any criminal record. He learnt the lesson hard way and mend his ways and would become a better citizen. He undertakes to cooperate in the investigation/trial and would make himself available as and when required. Applicant intends to perform some community service to purge themselves out of the guilt felt by the applicant and to serve national/environmental/social cause. Under these grounds, he prayed for bail.

4. Learned Public Prosecutor for the respondent/State opposed the prayer and prayed for dismissal of the application.

5. Heard the learned counsel for the parties and perused the case diary.

6. Considering the submissions advanced by the learned counsel for the parties and the facts situation, without commenting on the merits of the case, the application is allowed as per the spirit of community service echoed in the order of Sunita Gandharva Vs. State of M.P. reported in 2020(3) MPLJ(Cri.)247. 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.

7. 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 him 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; and

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

7. 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.

8. It is directed that in case it is found in the FSL report that the seized liquor was unfit for human consumption, then this order shall automatically stand recalled and the applicant shall surrender before the concerning trial Court immediately and if he does not surrender, then the trial Court shall be at liberty to take him into custody.

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