Anoop Jaiswal Alias Jassa vs The State Of Madhya Pradesh on 15 November, 2021

[Cites 2, Cited by 4]

Madhya Pradesh High Court

Anoop Jaiswal Alias Jassa vs The State Of Madhya Pradesh on 15 November, 2021

This is the first application under Section 439 of Cr.P.C for grant of bail. Applicant Anoop Jaiswal @ Jassa was arrested on 15.03.2021 in connection with Crime No.472/2018 registered at Police Station Nagod, District Satna for the offence punishable under Section 34(2) of M.P. Excise Act.

A s per the prosecution case, on 27.09.2018 on the information of informant Police apprehended co-accused Monu @ Manendra Kumar who was standing in front of applicant's house and seized 90 bulk liter of country made liquor from his possession. On interrogation, co-accused Monu @ Manendra Kumar informed the Police that the seized liquor belongs to applicant Anoop Jaiswal @ Jassa and co-accused Gudda Kushwaha. On that police also implicated the applicant and co-accused in the crime.

Learned counsel for the applicant submits that the applicant is innocent and has falsely been implicated in the offence. There is no direct evidence on record to connect the applicant with the crime. Nothing has been recovered from the possession of the applicant. Police only on the basis of a memorandum of co-accused implicated the applicant with the crime, while the confessional statement of co-accused cannot be accepted as legal evidence against the applicant in the absence of any other incriminating piece of evidence. The applicant has been in custody since 15.03.2021 and conclusion of trial will take time, hence it is prayed that the applicant be released on bail.

Learned counsel for the State opposed the prayer and submitted that applicant has criminal past and several other offence are also registered Signature Not Verified SAN against the applicant, so he should not be released on bail.

Digitally signed by RANJEET AHIRWAL Date: 2021.11.15 17:30:42 IST

2 MCRC-53671-2021 Looking to the facts and circumstances of the case and the fact that there is no direct evidence on record to connect the applicant with the crime, nothing has been recovered from the possession of the applicant, police only on the basis of a memorandum of co-accused implicated the applicant with the crime, while the confessional statement of co-accused cannot be accepted a s legal evidence against the applicant in the absence of any other incriminating piece of evidence, applicant is in custody since 15.03.2021 and conclusion of the trial will take time, without commenting on 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 surety in the like amount to the satisfaction of the concerned CJM/trial 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;

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.

C.C. on payment of usual charges.

Signature Not Verified SAN Digitally signed by RANJEET AHIRWAL Date: 2021.11.15 17:30:42 IST

3 MCRC-53671-2021 (RAJEEV KUMAR DUBEY) JUDGE (ra) Signature Not Verified SAN Digitally signed by RANJEET AHIRWAL Date: 2021.11.15 17:30:42 IST

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