Granting bail under Section 439 of the Cr.P.C and imposing specific conditions to ensure compliance and cooperation during the trial.

JUDGMENT

Rajeev Kumar Shrivastava, J. - The applicant has filed this first application u/S.439 Cr.P.C for grant of bail.

applicant has been arrested on 05.03.2022 by Police Station Ghatigaon, Distt. Gwalior (M.P.) in connection with Crime No.22/2022 registered for offence under Sections 34(1) & 49-a of the Excise act.

It is submitted by learned counsel for the applicant that the applicant has not committed any offence. He has falsely been implicated in this case. applicant is in custody since 05.03.2022. It is further submitted that the allegation of recovery of five litres of liquor, which is not fit for human consumption, from the possession of the applicant is false. There is no criminal history of the applicant. Trial will take its own time. applicant is ready and willing to abide by any condition which may be imposed by this Court. Hence, prays for grant of bail to the present applicant.

Per contra, learned State counsel has vehemently opposed the application and prayed for its rejection.

Heard learned counsel for the parties at length and considered the arguments advanced by them and perused the case diary.

Considering the arguments advanced by learned counsel for the parties along with facts and circumstances of the present case, without commenting upon the merits of the case, the application is allowed and it is hereby directed that the applicant shall be released on bail on his furnishing personal bond of Rs.1,00,000/- (Rupees One Lakh only) with one solvent surety in the like amount to the satisfaction of the Court concerned for his regular appearance before the trial Court concerned on the dates fixed by it.

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 any kind of offence. In case of commission of any kind of offence, this bail order shall automatically stand cancelled and whole amount of bail bonds shall be forfeited;

5. The applicant will not move in the vicinity of complainant party and 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.

It is made clear that after the FSL report is received, if it is found that the liquor seized from the possession of the applicant is unfit for human consumption, then this order shall lose its effect and the applicant shall be under obligation to immediately surrender before the Trial Court. Otherwise, this order shall remain in force, till the conclusion of Trial.

application stands disposed of in above terms.

Let a copy of this order be sent to the trial Court concerned for compliance.

Certified copy as per rules.