IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE ANAND PATHAK th ON THE 15 OF MAY, 2024 MISC. CRIMINAL CASE No. 19007 of 2024 BETWEEN:-

JITENDRA KAVDE S/O SHRI JAIRAM KAVDE, AGED ABOUT 23 YEARS, OCCUPATION: LABOUR R/O VILLAGE CHUNAGOSAI TEHSIL CHICHOLI DISTRICT BETUL (MADHYA PRADESH)

.....APPLICANT (BY SHRI PRASHANT SHRIVAS - ADVOCATE)

AND THE STATE OF MADHYA PRADESH THROUGH POLICE STATION BETUL POLICE CHOWKI KEHADI SAWLIGARH DISTRICT BETUL (MADHYA PRADESH)

.....RESPONDENT/STATE (BY SHRI VIJAY SHUKLA - PANEL LAWYER)

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

ORDER

The applicant has filed this FIRST bail application u/S 439 Cr.P.C. for grant of bail in connection with Crime No. 393/2024 registered at Police Station Betul, Police chowki Kehadi Sawligarh, Distt. Betul for the offence punishable under Section 34(2) of M.P. Excise Act.

2. It is submitted by the learned counsel for the applicant that the applicant is suffering confinement since 8/4/2024 and charge-sheet is likely to be filed soon, therefore, chance of tampering with the evidence/witnesses is remote. The applicant does not bear any criminal record. It is further submitted that as per Signature Not Verified Signed by: MONIKA allegation, the applicant was found in possession of 94 liters of beer and 8 liters of whiskey. He has been falsely implicated. He has learnt the lesson hard way and would mend his ways to become a better citizen. He undertakes to cooperate in trial and will abide by all the terms and conditions as imposed by this court. He further undertakes to perform community service to purge his misdeeds if any and to save National/Environmental/Social Cause. Under these grounds, counsel prayed for bail.

3. Learned Panel Lawyer for the State opposed the prayer and prayed that the application be dismissed.

4. Heard learned counsel for the parties at length and perused the case diary.

5. Considering the facts and circumstances of the case and keeping in view the spirit of community service echoed in the order of Sunita Gandharva Vs. State of M.P. reported in 2020(3) MPLJ (Cri.) 247, the application is allowed with certain stringent conditions.

6. It is hereby directed that the applicant shall be released on bail on his furnishing personal bond of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the trial Court.

7. This order will remain operative subject to compliance of the following conditions by the applicant :-

(i) The applicant will comply with all the terms and conditions of the bond executed by him;

(ii) The applicant will cooperate in the investigation/trial, as the case may be;

(iii) 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 Signature Not Verified Signed by: MONIKA case may be;

(iv) The applicant shall not commit any offence otherwise the bail granted to him shall stand cancelled.

(v) The applicant will not seek unnecessary adjournments during the trial;

(vi) The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be;

(vii) The applicant shall not involve in any criminal activity in future and would participate in creative pursuits.

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