Madhya Pradesh High Court
Golu @ Satendra Singh Bundela vs The State Of Madhya Pradesh on 8 April, 2022
Author: Rajeev Kumar Dubey
Bench: Rajeev Kumar Dubey
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE RAJEEV KUMAR DUBEY
ON THE 8th OF APRIL, 2022
MISC. CRIMINAL CASE No. 15058 of 2022
Between:-
GOLU @ SATENDRA SINGH BUNDELA S/O VIJAY
SINGH , AGED ABOUT 35 YEARS, OCCUPATION:
AGRICULTURIST R/O VILLAGE MATGUAN WARD
NO. 11, P.S. MATGUAN, DISTRICT CHHATARPUR,
M.P. (MADHYA PRADESH)
.....APPLICANT
(BY SHRI D.S. BAGHEL, ADVOCATE )
AND
THE STATE OF MADHYA PRADESH THROUGH
P.S.GUNOUR P.S.GUNOUR (MADHYA PRADESH)
.....RESPONDENT
(BY SHRI DILIP KUMAR SHRIVASTAVA, GOVERNMENT ADVOCATE )
This application coming on for admission this day, the court passed the
following:
ORDER
Heard with the aid of case diary.
This is first bail application filed by the applicant under Section 439 of Cr.P.C.
Applicant Golu @ Satendra Singh Bundela was arrested on 08.02.2021 in connection with Crime No.199/2020 registered at Police Station Gunour, District Panna (M.P.) for the offence punishable under Section 407 of IPC, Sections 34(2), 35 of M.P. Excise Act and Sections 130(3) and 177 of Motor Vehicle Act.
As per the prosecution case, on 04.07.2020 on the information of the informant that liquor is being transported from Indore to Rewa by tanker bearing registration No. MP-09HH-8535 and the driver of that vehicle wanted to sell that liquor illegally at village Sahilwara, Rakesh Tiwari, Station House officer P.S. Amanganj along with the other members of the police force went to Signature Not Verified the spot and waited for the tanker near Sahilwara tank. At about 2:30 am, the said SAN tanker came from the Pawai Side which was being driven by co-accused Praveen Digitally signed by MANOJ NAIR Date: 2022.04.08 16:30:34 IST and Ashish was the cleaner on that tanker. Co-accused Praveen parked that tanker 2 along the roadside ahead of village Sahilwara. One Tata 407 Matador bearing registration No. MP-16GA-0536 also came there which was being driven by co-accused Devi Singh. He also parked that Matador next to the tanker. Thereafter the applicant and other co-accused started transferring the liquor from tanker to matador with the help of plastic pipe. On that Rakesh Tiwari along with other members of police force reached the spot and arrested the driver of the tanker Praveen, cleaner Ashish and the driver of the matador co-accused Devi Singh. Applicant Golu Singh and co-accused Bhagwat Singh, Arvind Sen and Hirendra Singh who were also present there at the time of raid managed to escape from the spot by taking advantage of darkness.
On interrogation, co-accused Praveen informed the police that the said liquor was being transported from Excise Department godown Barwaha to Chorhata, Rewa out of which he illegally sold 600 bulk litres of liquor with the help of co-accused Ashish to other co-accused persons. He also informed the police that he has been selling liquor to applicant Golu Singh and co-accused Bhagwat Singh, Arvind Sen, for a long time. He used to sell some liquor to applicant Golu Singh and co-accused Bhagwat Singh, Arvind Sen out of the liquor which he transported by tanker and filled such amount of water in the tanker.
Learned counsel for the applicant submits that the applicant is inncoent and has falsely been implicated in the offence. It is further submitted that there is no direct evidence on record to connect the applicant with the crime. Police only on the basis of memorandum of applicant and co-accused, implicated the applicant in the crime while memorandum of co-accused is not admissible in evidence against the applicant. Nothing has been recovered from the possession of the applicant. The applicant has been in custody since 08.02.2021. Charge-sheet has been filed and the conclusion of trial will take time, hence prayed for release of the applicant on bail.
Learned counsel for the respondent/State opposed the prayer and submitted that the name of the applicant is mentioned in the FIR. Applicant has criminal past, Signature Not Verified SAN so he should not be released on bail.
Digitally signed by MANOJ NAIRDate: 2022.04.08 16:30:34 IST Looking to the facts and circumstances of the case and the fact that there is 3 no direct evidence on record to connect the applicant with the crime. Police only on the basis of memorandum of applicant and co-accused, implicated the applicant in the crime while memorandum of co-accused is not admissible in evidence against the applicant, nothing has been recovered from the possession of the applicant, the applicant is in custody since 08.02.2021, charge-sheet has been filed and conclusion of trial will take time, without commenting on the merits of the case, the application is allowed and it is directed that the applicant be released on bail upon his furnishing personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand Only) with one surety in the like amount to the satisfaction of the concerned Court for his appearance before the trial Court on all such dates as may be fixed in this behalf by the trial Court during the pendency of trial.
This order will remain operative subject to compliance of the following conditions by the applicant :
1. The applicant will comply with all the terms and conditions of the bond executed by him;
2. The applicant will cooperate in the trial;
3. The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the fact of the case so as to dissuade him from disclosing such facts to the Court or to the Police Officer;
4. The applicant shall not commit an offence similar to the offence of which he is accused;
5. The applicant will not seek unnecessary adjournments during the trial; and
6. The applicant will not leave India without prior permission of the trial Court.
Certified copy as per rules.
(RAJEEV KUMAR DUBEY) JUDGE mn Signature Not Verified SAN Digitally signed by MANOJ NAIR Date: 2022.04.08 16:30:34 IST