Madhya Pradesh High Court
Shivraj vs The State Of Madhya Pradesh on 5 August, 2014
1 M.Cr.C.6546/14
(Shivraj Vs. State of M.P.)
5/8/14
Shri Rajesh Shukla, Advocate for the applicant
Shivraj.
Shri Pramod Pachori, Public Prosecutor for the
respondent/State.
Heard.
Perused the case diary.
This is first bail application filed by the applicant under Section 439 of the Cr.P.C.
The applicant has been arrested on 15/7/14 in connection with crime No.205/14, registered at Police Station Gormi, District Bhind (M.P.) for the offence punishable under Sections 34-A, 34-B, 36 and 13 of the M.P. Excise Act.
As per prosecution story, 60 bulk litre of country- made liquor was seized from the joint possession of the applicant as well as two other co-accused persons on 14/7/14 without any valid licence. Consequently, the FIR was lodged against the applicant and other co-accused.
Learned counsel for the applicant contended that the applicant has been falsely implicated in this case. It is further submitted that the applicant is not having any criminal background. Moreover, the alleged offence is triable by the Judicial Magistrate First Class. Hence, on 2 M.Cr.C.6546/14 (Shivraj Vs. State of M.P.) these grounds learned counsel prays for allowing the application.
Learned P.P for the State, on the other hand, opposed the bail application and prayed for its rejection.
Looking to the aforesaid facts and circumstances of the case and the fact that there is no criminal past alleged against the applicant, the present application is allowed and it is directed that the applicant be enlarged on bail on his furnishing personal bond in the sum of Rs.1,00,000/- (Rs. One lac only) with a surety bond in the like amount to the satisfaction with one solvent surety of the like amount to the satisfaction of the Trial Court for his regular appearance before the trial Court on the condition that he shall remain present before the Court concerned during the trial and shall also comply with the conditions enumerated under Section 437(3) of Cr.P.C. and so also as imposed by the trial Court.
A copy of this order be sent for compliance to the Court concerned.
Certified copy as per rules.
(B.D.Rathi) Judge (Bu)