Madhya Pradesh High Court
Dilip vs The State Of Madhya Pradesh on 14 August, 2015
M.Cr.C. No.6347/2015
14.08.2015
Shri Vivek Singh, learned counsel for the applicants.
Shri R.S. Parmar, learned P.L. for the
respondent/State.
Case-diary is available, arguments heard. This is first bail application filed by the applicants under section 439 of the Code of Criminal Procedure for grant of bail.
At the very outset, the learned counsel for the applicants seeks to withdraw the application in respect of applicant No.3 Shubham S/o Bensingh.
Prayer is allowed.
The application so far as it relates to applicant No.3 Shubham is dismissed as withdrawn.
For the remaining two applicants, they were arrested by Police Station Verla, District Barwani in Crime No.20/2015 under section 34(2) of M.P. Excise Act. It is alleged that 259 bulk liters of unlicensed liquor for being transported in vehicle No.MP09-BA-5366 which was searched and seized. The vehicle belongs to mother of the co-accused Shubham and it is alleged that at the time of incident, he was driving the vehicle. For the other applicants, their names in the statement of one of the prosecution witness Gopal, it is alleged that after the incident the persons who were travelling in the vehicle left the vehicle and fled away.
Learned P.L. opposes the bail application. Case-diary perused, arguments heard. Learned counsel for the applicants submits that the present applicants are falsely implicated. Initially, on the same date some dispute took place and crime No.21/2015 was registered at the same police station under sections 294(2), 323, 147, 506 and 341 of IPC as a counter report, this case was made against the present applicants. Taking all the facts and circumstances of the case into consideration, without commenting on the merits of the case, I am of the view that it is a fit case for grant of bail. The application filed under section 439 of the Cr.P.C. is allowed.
It is directed that the applicants shall be released on bail on their furnishing a personal bond of Rs.30,000-/ (Rs. Thirty Thousand only) each and one solvent surety each of the like amount to the satisfaction of the concerned Magistrate for their appearance on all the dates of hearing as may be directed in this regard during trial.
They are further directed that on being so released on bail, they would comply with the conditions enumerated under section 437(3) Cr.P.C. meticulously.
C.C. as per rules.
( Alok Verma) Judge Kafeel