Madhya Pradesh High Court
Narendra @ Mundi vs The State Of Madhya Pradesh on 29 October, 2021
Author: Rajeev Kumar Shrivastava
Bench: Rajeev Kumar Shrivastava
1 MCRC-50906-2021
The High Court Of Madhya Pradesh
MCRC No. 50906 of 2021
(NARENDRA @ MUNDI Vs THE STATE OF MADHYA PRADESH)
2
Gwalior, Dated : 29-10-2021
Shri Ravi Dwivedi, learned counsel for the applicant.
Shri Manish Nayak, Panel Lawyer for the respondent-State.
The applicant has filed this first application u/S.439 Cr.P.C for grant of bail.
Applicant has been arrested on 7/9/2021 by Police Station Indarganj Distt. Gwalior (M.P.) in connection with Crime No.504/2021 registered for offence under Section 49-A of Excise Act.
I t is submitted by learned counsel for the applicant- Narendra @ Mundi that the applicant has not committed any offence. He has falsely been implicated in this case. Applicant is in custody since 7/9/2021, i.e. for more than one month. It is further submitted that the allegation of recovery of five litres of liquor, which is not fit for human consumption, from the possession of the applicant is false. Investigation is complete and charge-sheet has been filed. Trial will take its own time. Hence, prayed to allow this application filed for grant of bail to the applicant Learned State counsel has vehemently opposed the submissions and has submitted that seized liquor is not fit for human consumption and FSL report of the seized liquor is still awaited. There is history of 4 criminal cases against the present applicant. Hence, prayed to reject this application filed for grant of bail to the applicant.
Heard learned counsel for the parties at length and considered the arguments advanced by them and perused the case diary.
Considering the facts and circumstances of the present case, without commenting upon the merits of the case, the application is allowed and it is hereby directed that the applicant shall be released on bail on his furnishing personal bond of Rs.1,00,000/- (Rupees One Lakh only) with one solvent 2 MCRC-50906-2021 surety in the like amount to the satisfaction of the Court concerned for his regular appearance before the trial Court concerned on the dates fixed by it.
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 them from disclosing such facts to the Court or to the Police Officer, as the case may be;
4. The applicant shall not commit any kind of offence. In case of commission of any kind of offence, this bail order shall automatically stand cancelled;
5. The applicant will not move in the vicinity of complainant party and applicant will not seek unnecessary adjournments during the trial;
6 . The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be;
7. The applicant will inform the SHO of concerned police station about his residential address in the said area and it would be the duty of the Public Prosecutor to send copy of this order to SHO of concerned police station for information.
8. The applicant shall mark his presence before the SHO of the concerned Police Station fortnightly (every 15 days) during the pendency of the trial.
It is made clear that after the FSL report is received, if it is found that the liquor seized from the possession of the applicant is unfit for human consumption, then this order shall lose its effect and the applicant shall be under obligation to immediately surrender before the Trial Court. Otherwise, this order shall remain in force, till the conclusion of Trial.
Application stands disposed of in above terms. Let a copy of this order be sent to the trial Court concerned for 3 MCRC-50906-2021 compliance.
Certified copy as per rules.
(RAJEEV KUMAR SHRIVASTAVA) JUDGE pwn* Pawan Kumar 2021.10.29 18:33:52 +05'30'