Madhya Pradesh High Court
Manoj Acharya vs The State Of Madhya Pradesh on 19 January, 2022
Author: Vishal Mishra
Bench: Vishal Mishra
1
The High Court Of Madhya Pradesh
MCRC No. 63329 of 2021
(MANOJ ACHARYA Vs THE STATE OF MADHYA PRADESH)
Jabalpur, Dated : 19-01-2022
Heard through Video Conferencing.
Shri Sanjay Sharma, counsel for the applicant.
Shri Pramod Chourasiya, Panel Lawyer for the respondent/State.
This is the first bail application under Section 439 of Cr.P.C filed by the applicant for grant of bail.
T h e applicant has been arrested on 10.12.2021 by Police Station Changotola, District Balaghat (M.P.) in connection with Crime No.17/2020 for the offence punishable under Section 34 (2) of M.P. Excise Act.
It is pointed out that the applicant has falsely been implicated in the crime. He has not committed any offence in any manner. It is submitted that the applicant has been made accused on the basis of statements of other persons namely Mahesh and Vishal Valmiki. Mahesh has stated that he has sold the vehicle in question to one Vishal Valmiki, who has subsequently sold the vehicle to Vishal Valmiki, but the registration could not be transferred. Only affidavit to the aforesaid effect is filed but there is no agreement for selling the vehicle. There is no recovery from the present applicant. The liquor has been recovered from the accidental car. The investigation is over and the charge-sheet has been filed in the matter 28.12.2021. The applicant is the first offender and is in custody since 10.12.2021. There is no further requirement of custodial interrogation. He is ready to abide by all the terms and conditions that may be imposed by this Court while considering his bail application. In view of the aforesaid, he prays for grant of bail.
Per contra, learned counsel appearing for the State has vehemently opposed the prayer stating that the applicant was the owner of the vehicle in question from which the liquor has been seized, but he could not dispute the fact that there is no agreement to sale in the entire case diary, only the Signature Not Verified SAN affidavits are being filed that the vehicle has been sold. Filing of the charge Digitally signed by TAJAMMUL HUSSAIN KHAN Date: 2022.01.21 11:32:47 IST 2 and the applicant being the first offender is not disputed. He could not dispute the fact that there is no recovery of the liquor from the possession of the present applicant.
Considering the overall facts and circumstances of the case, without commenting upon the merits of the case, this application is allowed subject to the verification of the fact that the applicant is the first offender. The applicant be released on bail on furnishing surety bond of Rs.50,000/- (Rupees Fifty Thousand Only) with one local surety in the like amount to the satisfaction of trial Court.
I n view of the COVID-19, jail authorities are directed that before releasing the applicant medical examination of applicant shall be undertaken by the jail doctor and on prima-facie, if it is found that he is having the symptoms of COVID-19, then consequential follow up action including the isolation/quarantine or any test if required, be ensured, otherwise applicant shall be released immediately on bail and shall be given a pass or permit for movement to reach his place of residence.
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 from disclosing such facts to the Court or to the Police Officer, as the case may be;
4. The applicant shall not involve any other offence, in case the applicant indulge in any other criminal case the benefit of bail as extended by this Court shall automatically cancelled;
5. The applicant will not seek unnecessary adjournments during the Signature Not Verified SAN Digitally signed by TAJAMMUL HUSSAIN KHAN Date: 2022.01.21 11:32:47 IST 3 trial;
6. The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be;
7. If the applicant is found involved in any case except present one, his bail shall stand rejected without any reference to the Court;
8. The applicant will inform the concerned S.H.O. of concerned Police Station about his residential address in the said area and it would be the duty of the Public Prosecutor to send E-copy of this order to SHO of concerned police station as well as Superintendent of Police concerned who shall inform the concerned SHO regarding the same.
Application stands allowed and stands disposed of.
Certified copy as per rules.
(VISHAL MISHRA) JUDGE taj Signature Not Verified SAN Digitally signed by TAJAMMUL HUSSAIN KHAN Date: 2022.01.21 11:32:47 IST