IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE ROHIT ARYA ON THE 18^th OF NOVEMBER, 2022 MISC. CRIMINAL CASE No. 51946 of 2022 BETWEEN:-

SANDEEP KANJAR S/O SHRI MARDAN SINGH, AGE - 31 YEARS, OCCUPATION: KHETI, R/O - CHAMELI KA CHAK THANA KARHIYA, DISTRICT GWALIOR (MADHYA PRADESH).

.....APPLICANT (BY SHRI ANURAG SHARMA - ADVOCATE )

AND THE STATE OF MADHYA PRADESH THROUGH POLICE STATION KARHIYA, DISTRICT GWALIOR (MADHYA PRADESH).

.....RESPONDENT (BY SMT. ANJALI GYANANI - PUBLIC PROSECUTOR)

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

ORDER

Heard on I.A.No.17965/2022, an application for amendment in the cause title.

For the reasons mentioned in the application, same is allowed. Counsel for the applicant is permitted to incorporate the necessary amendment in the Court itself.

This is the second application filed by the applicant under Section 439 of the Cr.P.C. for grant of bail. First application was dismissed as withdrawn vide order dated 17.10.2022 passed in M.Cr.C.No.47915 of 2022.

The applicant has been arrested by Police Station - Karhiya, District Gwalior in connection with Crime No.43/2021 registered in relation to the offence punishable under Sections 34(2) and 49 (A) of M.P.Excise Act.

As per the prosecution story, the applicant is found to be in possession of 600 bulk liters of country made liquor without having any license.

Accordingly, the case has been registered.

Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated. The applicant is no more required for custodial interrogation. The applicant has already suffered incarceration since 22.09.2022.

Hence, prayed for bail.

Per contra, learned counsel appearing for the State has opposed the prayer supporting the impugned order.

At this stage, learned counsel for the applicant submits that the applicant has done introspection and are willing to donate Rs.1,00,000/- (Rs. One Lakh only) for providing basic amenities, food, clothing and such other things for the welfare of the have-nots or underprivileged homeless people residing at the places like Vriddhashram, Vidhwa Ashram, Balika Ashram and Anathalaya, etc.

Upon hearing learned counsel for the rival parties but without commenting upon the rival contentions touching merits of the case, regard being had to the fact that the applicant is in custody since 22.09.2022, not required for custodial investigation as challan has been filed and in the obtaining facts and circumstances, the applicant is held entitled for enlargement on bail but with stringent conditions.

Consequently, the application of the applicant filed under Section 439 of the Criminal Procedure Code, 1973 is hereby allowed. It is directed that the applicant be released on bail on furnishing personal bond in the sum of Rs.2,00,000/- (Rupees Two Lakh only) with one solvent surety in the like amount to the satisfaction of the learned Trial Court and on the condition that he shall remain present before the Court concerned during trial and also comply with the conditions enumerated under Section 437 (3) of Criminal Procedure Code, 1973 with following further conditions:

(i) the applicant shall mark his attendance before the concerned police station on 2nd and 4th Saturday every month between 10:00 a.m. to 12:00 noon.

(ii) let a bank draft of Rs.1,00,000/- (Rs. One Lakh only) prepared from nationalized bank in the name of Principal Registrar of this Bench be submitted in the registry.

To explore and assess the requirements of have-nots, this Court has already appointed Shri Deepak Khot and Ms. Nidhi Patankar, Advocates. The suggestions made by them shall be considered by the Principal Registrar and the amount so deposited shall be spent to meet out the requirement placed on record;

(iii) the applicant shall abide by the terms and conditions of various circulars and orders issued by the Government of India and the State Government as well as the local administration from time-to-