Madhya Pradesh High Court
Sagar Choudhary vs The State Of Madhya Pradesh on 30 November, 2021
Author: Sushrut Arvind Dharmadhikari
Bench: Sushrut Arvind Dharmadhikari
1 MCRC-54689-2021
The High Court Of Madhya Pradesh
MCRC No. 54689 of 2021
(SAGAR CHOUDHARY Vs THE STATE OF MADHYA PRADESH)
Jabalpur, Dated : 30-11-2021
Shri T.P. Choudhry, learned counsel for the applicant.
Shri Ajay Tamrakar, learned P.L. 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 Code of Criminal Procedure for grant of bail.
The applicant has been arrested by Police Station Gohalpur, district Jabalpur in connection with Crime No.744/2021 registered in relation to the offences punishable under Sections 34 (1) and 49-A of M.P. Excise Act 1915.
According to the prosecution case, on an information given by an informer, the police reached at the spot and seized 5 litres of country made liquor from possession of the applicant which is not fit for human consumption. On the basis of aforesaid, crime has been registered against the applicant.
Learned counsel for the applicant submits that the applicant has been falsely implicated in the case. He is in custody since 5/8/2021. Offence is triable by JMFC. Disposal of the matter will take long time. It is submitted that seizure witnesses have turned and they have not supported the prosecution story. Counsel for the applicant submits that in view of COVID- 19, outbreak detention of applicant in already congested prisons may be detrimental. The applicant is a permanent resident of District Jabalpur, (M.P.) and there is no possibility of his absconsion or tampering with the prosecution evidence. The applicant is ready to abide by all the terms and conditions as may be imposed by this Court. Under these grounds, applicant prays for grant of bail.
Signature Not Verified SANLearned Panel Lawyer for the State opposed the application and Digitally signed by BASANT KUMAR SHRIVAS Date: 2021.12.01 10:30:55 IST 2 MCRC-54689-2021 prayed for its rejection by contending that on the basis of the allegations and the material available on record, no case for grant of bail is made out and it is submitted that there are seven criminal cases are pending against the applicant, therefore, prays for rejection of bail.
In reply, counsel for the applicant submits that there is no offence under the Excise Act and other offences are of small nature.
However, it would not be desirable to enter into the merits of the rival contentions at this juncture.
Considering the overall facts and circumstances of the case coupled with the fact that trial is not likely to conclude in near future and prolonged pre-trial detention being 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 applicant be released on bail on furnishing a personal bond in the sum of Rs. 50,000/- (Rupees Fifty Thousand only) with one local surety of the like amount to the satisfaction of the trial Court/committal Court for his appearance on the dates given by the concerned Court.
The applicant shall also furnish a written undertaking before the concerned court that he will abide by the terms and conditions of various circulars, as well as, orders issued by the Central Government, State Government and local administration from time to time such as maintaining social distancing, physical distancing, hygiene etc. to avoid proliferation of Corona virus.
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 Signature Not Verified SAN promise to any person acquainted with the facts of the case so as to dissuade Digitally signed by BASANT KUMAR SHRIVAS Date: 2021.12.01 10:30:55 IST
3 MCRC-54689-2021 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 any other offence during pendency of the trial, failing which this bail order shall stand cancelled automatically without further reference to the Bench. 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.
His single non-appearance shall cancel his bail automatically by the trial Court concerned, without any further order of this Court. A copy of this order be sent to the Court concerned for compliance.
Certified copy/E-copy as per rules.
(S. A. DHARMADHIKARI) JUDGE bks Signature Not Verified SAN Digitally signed by BASANT KUMAR SHRIVAS Date: 2021.12.01 10:30:55 IST