Madhya Pradesh High Court
Bheem @ Bharat Bhat vs The State Of Madhya Pradesh on 10 December, 2018
1
M.Cr.C. No.49387/2018
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.49387/2018
(Bheem @ Bharat v. The State of Madhya Pradesh)
Jabalpur, Dated 10.12.2018
Shri Anurag Sahu, learned counsel for the applicant.
Shri A. S. Pathak, learned Panel Lawyer for the
respondent/State.
Heard. Perused the case diary.
This is first application filed by the applicant/accused under Section 439 of Cr.P.C for grant of bail, who has been arrested on 18.11.2018 by Police Station Gorakhpur, District Jabalpur in connection with Crime No.779/2018 registered for the offence punishable under Section 34 (2) of M. P. Excise Act.
As per the prosecution case applicant has been found in illegal possession of approximately 60 bulk litres of country made liquour.
Learned counsel for the applicant submit that the applicant is innocent and has been falsely implicated in the case. There is no other case registered against the applicant under Section 34(2) of the Excise Act. The applicant is in custody since 18.11.2018. On these grounds, prayer is made to enlarge the applicant on bail.
Per contra, learned Govt. Advocate has vehemently opposed the application and prayed for its rejection.
Looking to the fact that the applicant has no criminal case registered against him under Section 34(2) of the Excise Act but there are other cases registered against him, this Court is of the view that the applicant may be enlarged on bail on furnishing a personal bond for the sum of Rs.50,000/- (Rs.Fifty Thousand Only) with a solvent surety in the like amount to the satisfaction 2 M.Cr.C. No.49387/2018 of the trial Court for securing his present before the said Court on all the dates of hearing fixed in this regard during trial and on strict terms with a condition that he will not indulge again in any of the criminal activity as well as for complying with the conditions enumerated in sub-section (3) of Section 437 of Cr.P.C.
This order shall be effective till the end of the trial but in case of bail jump, or breach of any of the conditions it shall become ineffective.
Certified copy today.
(Akhil Kumar Srivastava) Judge loretta Digitally signed by LORETTA RAJ Date: 2018.12.12 03:38:56 -08'00'