IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR st ON THE 1 OF NOVEMBER, 2023 MISC. CRIMINAL CASE No. 49041 of 2023 BETWEEN:-

DEEPAK SONKAR S/O SHRI KALICHARAN, AGED 35 YEARS, OCCUPATION: DUKANDARI R/O HAJIRA MACHHLI MANDI HAJIRA DISTRICT GWALIOR (MADHYA PRADESH)

.....APPLICANT (SHRI MOHIT SHIVHARE- ADVOCATE)

AND STATE OF MADHYA PRADESH THROUGH POLICE STATION GWALIOR DISTRICT GWALIOR (MADHYA PRADESH)

.....RESPONDENT (SHRI PURUSHOTTAM TANWAR- PANEL LAWYER)

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

ORDER

This first bail application has been filed by applicant under section 439 of the Code of Criminal Procedure, 1973 for grant of bail in connection with Crime No. 648 of 2023 registered at Police Station Station Gwalior, District Gwalior (M.P.), for an offence punishable under Section 34(2) of M.P. Excise Act. The applicant is in judicial custody since 07-10-2023.

According to the prosecution case, on secret information, ASI Radheshyam Yadav along with police squad reached at Purani Sabji Mandi, Gwalior and on search, country made plain liquor quantity 57 bulk litres was Signature Not Verified Signed by: AVINASH recovered from the possession of the applicant. Therefore, a case under Section 34(2) of the Excise Act was registered and applicant was arrested. Relevant recoveries have been made. Statement of witnesses have been recorded. Relevant seizures have been made. Investigation is almost complete.

Learned Counsel for the applicant, in addition to the grounds mentioned in the application, submits that the applicant has falsely been implicated in the matter. Applicant is permanent resident of District Gwalior and is fish seller by profession. He is sole bread earner in the family and there is no likelihood of his absconding leaving behind his family and property. There is no likelihood of interfering in the investigation or tampering with the evidence. Jail incarceration is causing hardship to the family of applicant. The alleged offence is triable by Judicial Magistrate First Class. The trial would take time to complete.

Therefore, applicant may be extended the benefit of bail.

Per contra, learned Counsel for the State opposes the bail application citing criminal history of six cases.

In reply, learned counsel for the applicant submits that applicant was fined in minor offence under Section 34 of M.P. Excise Act and Section 13 of Public Gambling Act. In other matters, he was released on bail. He has never been convicted for any major offence.

Heard learned learned counsel for the parties and perused the case diary.

Considering the arguments advanced by both the parties and overall circumstances of the case but without commenting on merits of the case, this Court is inclined to release the applicant on bail. Thus, the application is allowed.

Accordingly, it is directed that applicant Deepak Sonkar shall be released on bail in connection with Crime No. 648 of 2023 registered at Police Signature Not Verified Signed by: AVINASH Station Station Gwalior, District Gwalior (M.P.), for an offence punishable under section 34(2) of M.P. Excise Act, upon furnishing a personal bond in the sum of Rs. 50,000/- (Rs. Fifty Thousand Only) with one solvent surety of the same amount to the satisfaction of the Trial Court, for compliance with the following conditions, :

1. The applicant shall remain present on every date of hearing as may be directed by the concerned Court;

2. The applicant shall not commit or get involved in any offence of similar nature;

3. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them/him/her from disclosing such facts to the Court or to the investigating officer;

4. The applicant shall not directly or indirectly attempt to tamper with the evidence or allure, pressurize or threaten the witness;

5. The applicant shall ensure due compliance of provision