ORDER

This is first bail application filed by the applicant under Section 439 of the Code of Criminal Procedure for grant of regular bail relating to FIR/Crime No.325/2023 dated 20.12.2023 registered at Police Station, Khairlanji, district Balaghat for the offences under Sections 14 of M.P. Rajya Suraksha Adhiniyam, 1990 and Sections 184, 185, 77/177 of Motor Vehicle Act.

2. Learned counsel for the applicant contends that, an order under the provisions of Section 5 (A) (B) Madhya Pradesh Rajya Suraksha Adhiniyam, 1990 dated 20.10.2023 was passed by the District Magistrate by which the present applicant was externed and order of externment is to remain in force for one year, however, as the applicant was found within the territorial limits of District Balaghat during the period of externment , therefore, he was arrested and accordingly the offences under the aforesaid Sections have been registered against the applicant.

3. It is contended by the counsel that the applicant was complying with the order of externment; however, as his wife was critically indisposed, therefore, he came to visit his wife. It is contended that he had no intention to violate the order passed under the provisions of the M.P. Rajya Suraksha Adhiniyam and he undertakes to comply with the same as the same has to remain in force for a period of one year.

4. Per contra, learned counsel for the State opposed the prayer for grant of bail and submitted that the present applicant is guilty of violation of an order and, therefore, the offences under the aforesaid Sections have been registered and the applicant has been taken into custody on 20.10.2023. It is contended by the counsel that as there is violation of the statutory provisions contained in Adhiniyam of 1990, the step so taken by the prosecution is not questionable and accordingly the application deserves to be dismissed. It is also submitted that the applicant during the period of externment was found drunk in the limits of District Balaghat.

4. Having considered the submissions advanced on behalf of the parties a perusal of rejection order reflects that there is an order dated 20.10.2023 passed by District Magistrate, Balaghat by which an order of externment for a period of one year has been passed against the applicant by which he is required to remain out of the territorial limits of District Balaghat for a period of one year. The applicant has been found within the district and thereby has (MANINDER S. BHATTI) violated the the order dated 20.10.2023. 5. Taking into consideration the reasons which has been put forth by the counsel for the applicant, this Court deem it proper to enlarge the applicant on bail. Accordingly the application is allowed. 6. It is directed that the applicant shall be released on bail on his furnishing a personal bond in a sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one surety in the like amount to the satisfaction of the trial Court concerned for his appearance before the said Court on all such dates as may be fixed in this regard during the pendency of trial.

7. It is further directed that the applicant shall comply with the provisions of Section 437(3) of the Cr.P.C. 8. It is clarified that upon being released on bail the applicant will be handed over to the District Magistrate Balaghat. District Magistrate, Balaghat then in turn shall ensure compliance of Section 11 of the Adhiniyam 1990 and shall also ensure to send the petitioner, in Police custody, to any other place outside the district Balaghat in terms of the order dated 20.10.2023. Jail Superintendent is also directed to send the applicant to the concerned District Magistrate who shall take steps in terms of the direction issued by this court.

8. Accordingly, this M.Cr.C. stands allowed and disposed of. 9. Let a copy of this order be supplied to counsel for State who undertakes to communicate the same to the concerned District Magistrate for necessary compliance.

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