Madhya Pradesh High Court
Govardhanlal Prajapati vs The State Of Madhya Pradesh on 3 September, 2015
1 M.Cr.C.No.9177/2015
( Govardhan Prajapati Vs. State of M.P.)
03.09.2015
Shri Rajmani Bansal, Advocate, for the applicant.
Shri Rajendra Singh Yadav, Public Prosecutor, for the
respondent/State.
Heard.
This is the first application for regular bail under Section 439 of Cr.P.C. on behalf of applicant.
The applicant is in custody since 14.08.2015 in connection with Crime No.241/15 registered at Police Station Raghogarh, district Guna (M.P.) for the offence under Sections 34(2) of M.P. Excise Act.
It is alleged that 65 bulk liters of country made illicit liquour has been found in possession of applicant for which he had no licence.
On behalf of the applicant, it is submitted that applicant is innocent. Applicant prayed for regular bail on the ground that he has been falsely implicated and he is in custody since 14.08.2015.
Learned Public Prosecutor for the State opposed the application on the ground that there are several cases registered against the applicant under Gambling Act and one case is registered under Section 323 of IPC in 2003. These offences registered in the year 2003 and 2007.
Considering the fact that these offences under Gambling Act and the offence relates to 2003 and 2007 and these are 2 M.Cr.C.No.9177/2015 pretty offence, no offence has been registered against the applicant under Excise Act.
Considering the fact that the applicant is in custody since 14.08.2015 and the offence is triable by JMFC, the application for regular bail is allowed and it is directed that the applicant shall be released on bail on his furnishing a personal bond in a sum of Rs.60,000/- (Rs. Sixty Thousand only) with one solvent surety in the like amount to the satisfaction of the Trial Court for securing his presence before the said Court on all the dates of hearing fixed in this regard during trial.
This order will remain operative subject to compliance of the following conditions by the applicant:-
1. Applicant will not influence the prosecution witnesses.
2. Applicant swill help the progress of the Trial.
3. Applicant will not indulge in any similar offence during the course of Trial.
4. If at all the applicant is found to breach any of the above conditions, the learned Trial Court would be at liberty to reconsider on the question of bail.
Certified copy as per rules.
(S.K. Palo)
mani Judge