Madhya Pradesh High Court
Jeetu @ Deepkant Dubey vs The State Of Madhya Pradesh Thr on 12 June, 2015
(Jeetu @ Deepkant Dubey Vs. State) 1 M.Cr.C. No. 5318/2015
12.06.2015
Shri Narottam Sharma, Advocate for the applicant.
Shri R.D. Agrawal, Panel Lawyer for the respondent/State.
Heard.
This is the first application for regular bail under Section 439 of the Cr.P.C. filed on behalf of the applicant.
The applicant is in custody since 30.05.2015 in connection with Crime No. 358/2015, registered at Police Station Karera District Shivpuri for the offences punishable under Sections 34(2) of MP Excise Act.
As per prosecution story, 107 bulk litres of illicit plain country made liquor has been seized from the possession of the applicant.
It is contended by the learned counsel for the applicant that the offence related to illegal possession of 67 bulk litres of illicit liquor whereas in the impugned order, learned Special Judge has mentioned that 107 bulk litres of illicit liquor has been seized.
Learned Panel Lawyer for the State submits that final report has been filed in which seizure of 67 of bulk litres reflects.
On behalf of the applicant, it is further submitted that the applicant is innocent and has been falsely implicated in the matter. He is in custody since 30.05.2015. There is no criminal antecedents against the applicant. Trial would take considerable time, therefore, the applicant be given the benefit of regular bail.
Learned Panel Lawyer for the State opposed the application. Considering the facts and circumstances of the case, without commenting anything on the merits of the case, this application (Jeetu @ Deepkant Dubey Vs. State) 2 M.Cr.C. No. 5318/2015 under Section 439 of Cr.P.C. for regular bail is allowed.
It is directed that the applicant shall be released on bail on his furnishing personal bond in a sum of Rs.60,000/- (Rupees Sixty Thousand only) with one solvent surety of the like amount to the satisfaction of the Trial Court for securing his presence before the concerned 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. The applicant will not interfere or influence the prosecution witnesses;
2. The applicant will make himself available or represent through his counsel on early date of proceedings
3. The applicant will not indulge in any similar offences during the pendency of the trial.
4. If the applicant found breach of any of the conditions above, the learned Trial Court would be at liberty to reconsider on the question of bail.
A copy of this order be sent to the concerned court for compliance.
Certified copy as per rules.
(S.K. Palo) Vacation Judge Abhi*