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2024 Supreme(Online)(MP) 31806

HIGH COURT OF MADHYA PRADESH
SHRI JUSTICE VISHAL DHAGAT, J
Neeraj – Appellant
Versus
The State Of Madhya Pradesh – Respondent
MCRC 12688/2024



Advocates:
Sunil Kumar Mishra,Advocate General

The court granted bail under Section 439 of the Cr.P.C., emphasizing the presumption of innocence and the absence of a criminal record for the applicants.

Headnote:(A) Code of Criminal Procedure, 1973 - Section 439 - MP Excise Act - Section 34(2) - Motor Vehicle Act - Sections 5/180, 146/196, 3/181 - Bail application - Applicants claimed innocence and lack of criminal record; 63 bulk liters of illicit liquor seized - Government Advocate opposed bail - Court allowed bail application, directing release on personal bond of Rs.50,000/- with conditions for regular appearance and compliance with Section 437(3) conditions. (Paras 1-6)

(B) Bail - Considerations for granting bail include the nature of the allegations and the applicant's background - The court refrains from commenting on the merits of the case at this stage. (Paras 2, 5)

ORDER

This is first bail application filed by applicants under Section 439 of Cr.P.C. for grant of regular bail relating to FIR No.6/2024 registered at Police Station-Chandera, District-Tikamgarh (MP) for the offence under Section 34(2) of the MP Excise Act and Sections 5/180, 146/196, 3/181 of the Motor Vehicle Act .

2. Learned counsel appearing for the applicants submitted that applicants are innocent and have falsely been implicated in the case. Applicants are not having any criminal record. 63 bulk liter illicit liquor is said to have been seized from applicants. In these circumstances, applicants may be released on bail.

3. Learned Government Advocate appearing for the State opposed the bail application.

4. Heard learned counsel for the parties.

5. Considering the allegation made against the applicants and offence committed by applicants, without commenting on the merits of the case, bail application filed by the applicants is allowed. It is directed that the applicants shall be released on bail on furnishing personal bond in the sum of Rs.50,000/- (Rupees fifty Thousand only) each with one solvent surety each in the like amount to the satisfaction of the trial Court concerned for their regular appearance before Court on all such dates as may be fixed in this regard during pendency of trial.

6. The applicants shall also abide by the following conditions of Section 437(3) of Cr. P. C. as under:- (a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter;

    (b) that such person shall not commit any offence similar to the offence of which she is accused, or suspected of the commission of which she is suspected and;
    (c) that such person shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

7. Certified copy as per rules.

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