Madhya Pradesh High Court
Rupsingh Yadav vs The State Of Madhya Pradesh Thr on 7 March, 2018
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No. 8222/2018
(Roop Singh Yadav Vs. State of M.P.)
(1)
Gwalior, dated 7/3/2018
Shri R.S.Ahirwar, Advocate for the applicant.
Shr Avneesh Singh, Public Prosecutor for the respondent-
State.
Case Diary is perused.
Learned counsel for the rival parties are heard. The applicant has filed this first application under section 439 of the Cr.P.C. for grant of bail.
The applicant has been arrested by Police Station Khaniyadhana, District Shivpuri, in connection with Crime No.36/2018 registered in relation to the offence punishable under section 34(2) of the M.P. Excise Act.
Allegations against the applicant, in short, are that he was found in illegal possession of 65 bulk litres of liquor.
Learned counsel for the applicant submits that the applicant has been falsely implicated. He is in custody since 26/1/18. Conclusion of trial is likely to take time. Applicant has no criminal antecedents. The applicant is a permanent resident of Village Mudiya Tahsil Khaniyadhana District Shivpuri and there is no likelihood of his absconsion if released on bail. With the aforesaid submissions, prayer for grant of bail is made.
Learned Public Prosecutor has opposed the application and prayed for its rejection by contending that on the basis of the allegations and the material available on record.
Considering the fact that prolonged pre-trial detention is an anathema to the concept of liberty, this Court is inclined to extend the benefit of bail to the applicant.
Accordingly, without expressing any opinion on merits of the case, this application is allowed and it is directed that the THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No. 8222/2018 (Roop Singh Yadav Vs. State of M.P.) (2) applicant namely Roop Singh Yadav be released on bail on furnishing a personal bond in the sum of Rs. 50,000/- (Rupees Fifty thousand only) with a solvent surety in the like amount to the satisfaction of the concerned trial Court/Committal Court for his appearance during trial on the dates fixed by the concerned Court.
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 investigation/trial, as the case may be;
3. 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 him/her from disclosing such facts to the Court or to the Police Officer, as the case may be;
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 previous permission of the trial Court/Investigating Officer, as the case may be.
A copy of this order be sent to the Court concerned for compliance.
C.c. as per rules.
(S.A.Dharmadhikari) Judge (and) Digitally signed by ANAND SHRIVASTAVA Date: 2018.03.07 17:30:52 +05'30'