IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE DINESH KUMAR PALIWAL
ON THE 24th OF JUNE, 2022
MISC. CRIMINAL CASE No. 30165 of 2022
Between:-
GOVIND, S/O BALIRAM RATHOR, AGED ABOUT
45
YEARS, OCCUPATION:
LABOUR,
R/O
VILLAGE
FOFNAR
KHURD,
P.S.
SHAHPUR
TAHSIL AND DISTRICT BURHANPUR (MADHY
A
PRADESH)
.....PETITIONER
(BY SHRI L.P. SINGH - ADVOCATE)
AND
THE STATE OF MADHY
A PRADESH THROUGH
POLICE
STATION
SHAHPUR
DISTRCIT
BURHANPUR M.P. DISTRICT BURHANPUR M.P.
(MADHYA PRADESH)
.....RESPONDENT
(BY
SHRI
PRAMOD
CHOUBEY
-
DEPUTY
GOVERNMENT
ADVOCATE)
This application coming on for admission this day, the court passed the
following:
ORDER
This is first bail application filed on behalf of the applicant under Section 439 of the Code of Criminal Procedure.
The applicant is in custody since 13.06.2022 in connection with Crime No.592/2022, registered at P.S.- Shahpur, District- Burhanpur (M.P.) for the offence punishable under Sections 34(2) of M.P. Excise Act.
As per the prosecution case, on 13.06.2022, on receiving an information from an informant, police of concerned P.S. seized 53 bulk liter country made liquor from the possession of the applicant.
Learned counsel for the applicant submitted that applicant is in jail since 13.06.2022. He has not committed any crime and nothing has been seized from his possession. He has been falsely implicated. The trial of the case will take considerable time. Therefore, it has been prayed that the applicant be released on bail pending the trial.
On the other hand, learned Deputy G.A. has opposed the grant of bail to the applicant.
Having taken into consideration all the facts and circumstances of the case and the fact that trial of the case will take considerable time, I am inclined to release the applicants on bail. Consequently, first bail application under Section 439 of the Code of Criminal Procedure for grant of bail filed on behalf of applicant - Govind, S/o Baliram Rathor, stands allowed.
It is directed that applicant - Govind, S/o Baliram Rathor be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court, for his regular appearance before the trial Court during trial with a condition that he shall remain present before the concerned Court on all the dates fixed by it during trial. He shall abide by all the conditions enumerated under Section 437(3) of Cr.P.C.
This order shall be effective till the end of the trial. However, in case of bail jump and breach of any of the conditions of bail, it shall become ineffective.
Certified copy as per rules.
(DINESH KUMAR PALIWAL) JUDGE Jasleen
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