Madhya Pradesh High Court
Sunil Kumar Yadav vs The State Of Madhya Pradesh on 19 June, 2018
THE HIGH COURT OF MADHYA PRADESH
MCRC-21847-2018
(SUNIL KUMAR YADAV Vs THE STATE OF MADHYA PRADESH)
Jabalpur, Dated : 19-06-2018
Shri O.P. Dwivedi, learned counsel for the applicant.
Ms. Seema Jaiswal, learned P.L. for the respondent/State.
Heard with the aid of case diary. This is first application under Section 439 of the Cr.P.C. for sh grant of bail in connection with Crime No.101/2018 registered at Police Station Manpur, District Umaria for the offence punishable e ad under Section 34 (2), 44 of the M.P. Excise Act.
Learned counsel for the applicant submits that the applicant has Pr not committed any offence and has falsely been implicated in the a offence. It is alleged that the applicant was illegally transporting 56 hy bulk liter of country made liquor, which was seized from his ad possession. It is further submitted that no criminal antecedent has been reported against the applicant. The applicant is in custody since M 31/05/2018 and the conclusion of trial is likely to take long time, of hence prayed for release of the applicant on bail.
On the other hand learned counsel for the respondent/State rt opposed the prayer and submitted that sufficient evidence is available ou to connect the applicant with the offence in question. C After hearing learned counsel for the parties, considering the facts and circumstances of the case, so as to the fact that no criminal h ig antecedent has been reported against the applicant and he is in custody H since 31/05/2018 and conclusion of trial is likely to take long time, without commenting on the merits of the case the application is allowed and the applicant is directed to be released on bail upon furnishing personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand Only) with one surety in the like amount to the satisfaction of the concerned C.J.M/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 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 fact of the case so as to dissuade them from disclosing such facts to the Court or to the Police Officer, as the case may be;
4. The applicant shall not commit an offence similar to the offence of which he is accused;
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5. The applicant will not seek unnecessary adjournments during e the trial; and ad
6. The applicant will not leave India without previous Pr permission of the trial Court/Investigating Officer, as the case may be.
Certified copy as per rules.
a hy (RAJEEV KUMAR DUBEY) ad JUDGE M Digitally signed by ANURAG SONI Date: 2018.06.20 10:20:58 +05'30' of as rt ou C h ig H