IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE VISHAL DHAGAT th ON THE 5 OF FEBRUARY, 2024 MISC. CRIMINAL CASE No. 3524 of 2024 BETWEEN:-

1. CHETAN HADA S/O SHRI VINOD, AGED ABOUT 22 Y E A R S , OCCUPATION: AGRICULTURIST PEEPALRANWA POLICE STATION PEEPALRANWA DISTRICT DEWAS (MADHYA PRADESH)

2. VINOD HADA S/O SHRI KESHARSINGH, AGED ABOUT 50 YEARS, OCCUPATION: AGRICULTURIST R/O PEEPALRANWA P.S. PEEPALRANWA DISTRICT (MADHYA PRADESH)

.....APPLICANTS (BY SHRI VIJAY SHUKLA - ADVOCATE)

AND THE STATE OF MADHYA PRADESH THROUGH POLICE STATION JAWAR DISTRICT SEHORE (MADHYA PRADESH)

.....RESPONDENTS (BY SHRI S.P. CHADAR - GOVERNMENT ADVOCATE)

This application coming on for admission this day, the court passed the following:

ORDER

This is first application filed by the applicants under Section 439 of the Code of Criminal Procedure for grant of regular bail relating to FIR No.19/2024 registered at Police Station-Jawar, District-Sehore (M.P.) for the offence under Section 34(2) of the MP Excise Act.

2. Learned counsel appearing for the applicants submitted that applicants are in jail since 13.01.2024. Applicants are innocent and have falsely been Signature Not Verified Signed by: SHABANA implicated in the case. Offence is triable by Judicial Magistrate First Class. It is submitted that 70 bulk liter illicit liquor is said to have been seized from applicant. Earlier applicants were not convicted under Sections 34(1)(a) of the MP Excise Act. One more case under Excise Act is pending them. Applicants have falsely been implicated by Investigating Officer namely Ajay Ojha. Facts of first case and second case are similar and similar plot and prosecution story was prepared by Investigating Officer to implicate the applicants. In these circumstances, applicants may be released on bail.

3. Learned Government Advocate appearing for the State opposed the application for grant of bail. It is submitted that applicants are again indulged himself in crime after being released on bail. In these circumstances, they may not be released on bail.

4. Heard the counsel for the parties.

5. Applicants had not been convicted in earlier offence committed by them. No offence under Section 34(2) of the MP Excise Act will be made out unless applicants are convicted for previous offence under Section 34(1)(a) of the MP Excise Act. On both occasion, 70 liter country made liquor is said to have been seized and Investigating Officer is also same. Applicants are having immovable property in the village and having roots in society. It is very unlikely that they will abscond from law.

6. Considering the totality of aforesaid facts and circumstances of the case and the fact that offence is triable by Judicial Magistrate, without commenting on the merits of the case, bail application filed by applicants is allowed.

7. It is directed that the applicants shall be released on bail on furnishing Signature Not Verified Signed by: SHABANA personal bond of Rs.1,00,000/- (Rs. One Lac Only) each with two solvent sureties 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.

8. 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 he is accused, or suspected of the commission of which he 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.

9. C.C. as per rules.

(VISHAL DHAGAT)

JUDGE $A Signature Not Verified Signed by: SHABANA