Madhya Pradesh High Court
Atul Singh Rajput vs The State Of Madhya Pradesh on 8 January, 2019
1 MCRC-50676-2018
The High Court Of Madhya Pradesh
MCRC-50676-2018
(ATUL SINGH RAJPUT Vs THE STATE OF MADHYA PRADESH)
Jabalpur, Dated : 08-01-2019
Shri Rajeev Kumar Badkur, learned counsel for the applicants.
Shri Rajesh Tiwari, learned GA for the respondent/State.
Heard with the aid of case diary.
This is first application under Section 439 Cr.P.C. Applicants Atul Singh Rajput and Anil Maran were arrested on 25/11/2018 in connection with Crime No.306/2018 registered at Police Station Najirabad, District-Bhopal (M.P) for the offence punishable under Sections 34(2) of the M.P. Excise Act.
As per the prosecution case, on 11/07/2018 on the information of informant police stopped Jeep bearing registration No.MP-04-CU-7124 and seized 261 bulk liters of country made liquor from the said jeep, which is illegally being carried on that vehicle. It is alleged that at the time of incident said jeep was being driven by applicant No.1 Atul Singh Rajput and applicant No.2 Anil Maran was also travelling in that jeep.
At the time of incident, they fled away from the spot.
Learned counsel for the applicants submits that the applicant have not committed any offence and have falsely been implicated in the offence. There is no direct evidence on record to connect the applicants with the crime. Police only on the basis of memorandum of co-accused and the statement of Keshuram Lodhi implicated the applicants in the crime. Applicants have no criminal past. Applicants are in custody since 25/11/2018. The charge-sheet has been filed and the conclusion of trial is likely to take long time, hence prayed for release of the applicants on bail.
Learned counsel for the State opposed the prayer and submitted Digitally signed by VARSHA SINGH Date: 09/01/2019 11:00:12 2 MCRC-50676-2018 that sufficient evidence is available against the applicants to connect them with the crime, so they should not be released on bail.
Looking to the facts and circumstances of the case and the strength of evidence collected by the prosecution against the applicant and as to the fact that the applicants have no criminal past and the applicants are in custody since 25/11/2018 and charge-sheet has been filed and conclusion of trial will take time, so without commenting on the merits of the case, the application is allowed and applicants are directed to be released on bail upon their furnishing personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand Only) each with one surety each in the like amount to the satisfaction of the concerned Court for their 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 applicants :
1. The applicants will comply with all the terms and conditions of the bond executed by them;
2. The applicants will cooperate in the investigation/trial, as the case may be;
3. The applicants will not indulge themselves 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 applicants shall not commit an offence similar to the offence of which they are accused;
5. The applicants will not seek unnecessary adjournments during the trial; and
6. The applicants will not leave India without previous permission of the trial Court.Digitally signed by VARSHA SINGH Date: 09/01/2019 11:00:12
3 MCRC-50676-2018 Certified copy as per rules.
(RAJEEV KUMAR DUBEY) JUDGE VS Digitally signed by VARSHA SINGH Date: 09/01/2019 11:00:12