Madhya Pradesh High Court
Ankit Sahu vs The State Of Madhya Pradesh on 6 October, 2020
Author: Nandita Dubey
Bench: Nandita Dubey
1
HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.36176/2020
(Ankit Sahu Vs. State of Madhya Pradesh )
PRESENT : HON. SMT. NANDITA DUBEY, J (THROUGH VIDEO CONFERENCING)
Jabalpur, Dated :06.10.2020.
Shri Alok Vagrecha, learned counsel for the applicant.
Ms. Anjali Shrivastava, learned Panel Lawyer for the
respondent/State.
This is the first bail application filed by the applicant under Section 439 of the Cr.P.C.
The applicant is in custody since 09.09.2020 in connection with Crime No. 652/2020 registered at P.S.-Motinagar, District Sagar (MP) for the offence punishable under Section 34(2) of the Excise Act.
As per the prosecution, 59.580 bulk litres of illegal country made liquor alleged to have been seized from the possession of the main accused Sandeep Ahirwar.
Learned counsel for the applicant submits that the applicant has been falsely implicated only on the basis of memorandum of the main accused. It is stated that nothing has been seized from the present applicant nor he has any criminal past. It is further submitted that the main accused has already been granted bail by this Court vide order dated 04.08.2020 passed in M.Cr.C. No. 24461/2020. Lastly, it is submitted that the trial would take considerable time to conclude, therefore, applicant may be released on bail.
Learned Panel Lawyer, on the other hand, has vehemently opposed the bail application and prayed for rejection of the same. However, he fairly submits that the present applicant has made 2 HIGH COURT OF MADHYA PRADESH co-accused only on the basis of memorandum of the main accused.
From the charge sheet shared by the learned counsel for the applicant, it is clear that there is no criminal antecedents against the present applicant.
Considering that the main accused has already been granted bail by this Court on 04.08.2020, this application is also allowed on the ground of parity.
It is directed that applicant Ankit Sahu shall be released on bail on his furnishing a 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 trial Court for his presence before the said Court on all the dates of hearing fixed in this regard during the trial.
This order will remain operative subject to compliance of the following conditions :-
"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/her from disclosing such facts to the Court or to the Police Officer, as the case may be;
4. The applicant shall not commit any other offence during pendency of the trial, failing which this bail order shall stand cancelled automatically without further reference to the Bench;3
HIGH COURT OF MADHYA PRADESH
5. The 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 learned concerned Magistrate and the prosecution are directed to ensure following of Covid-19 precautionary protocol prescribed from time to time by the Supreme Court, the Central Govt. and as well as the State Govt. during release, travel and residence of the applicant during period of bail as a consequence of this order."
A typed copy of this order be forwarded by the Registry to the Office of the Advocate General and to Ms. Anjali Shrivastava, learned Panel Lawyer, on their respective email address, for intimation to the Police Station concerned. The office is also directed to forward a copy of this order to the learned Court below.
Certified copy/e-copy as per rules/directions.
(Nandita Dubey) Digitally signed by RAVI SHANKAR SHRIVASTAVA JUDGE Date: 2020.10.06 16:23:09 +05'30' rss