Deepak Sahu vs The State Of Madhya Pradesh on 25 March, 2021

[Cites 3, Cited by 4]

Madhya Pradesh High Court

Deepak Sahu vs The State Of Madhya Pradesh on 25 March, 2021

This is the first application filed under Section 439 of the Cr.P.C. for grant of bail. Applicant Deepak Sahu was arrested on 17/01/2021 in connection with Crime No.15/2021 registered at Police Station Shahpur, District Dindori for the offence punishable under Section 34(2) and 42 of the M.P. Excise Act.

As per prosecution case, on 10/01/2021 on the information of the informant, Police stopped car bearing engine No.G12BN877167 & chassis No.MA3ERLF1500877174 and seized 57.600 bulk liter of country made liquor, which was illegally being carried by co-accused Kalwa Singh Maravi and Bhaiyalal Maravi in that car. On the interrogation, co-accused Bhaiyalal Maravi informed the police that the applicant gave that wine to him. On that, police arrested the applicant on 17/01/2021.

Learned counsel for the applicant submits that the applicant has not committed any offence 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 co- ac c us ed implicated the applicant in the crime, while the confessional statement to police cannot be accepted as legal evidence against the applicant in the absence of any other incriminating piece of evidence. The applicant has no criminal past and he been in custody since 17/1/2021. 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. Looking to the facts and circumstances of the case and the quantity of liquor alleged to have been seized from the possession of the co-accused and the fact that the applicant has no criminal past, Police only on the basis of memorandum of co-accused implicated the applicant in the crime, the applicant is in custody since 17/1/2021, 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 Signature Not Verified SAN satisfaction of the concerned Court for his appearance before the trial Court Digitally signed by MONIKA CHOURASIA Date: 2021.03.25 16:22:52 IST 2 MCRC-11981-2021 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 m/-

Signature Not Verified SAN Digitally signed by MONIKA CHOURASIA Date: 2021.03.25 16:22:52 IST

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Madhya Pradesh High Court