Madhya Pradesh High Court
Rambahadur Singh vs The State Of Madhya Pradesh on 27 October, 2014
1 M.Cr.C.9725/14
(Rambahadur Singh Vs. State of M.P.)
27/10/14
Shri Pawan Vijay, Advocate for the applicant-
Rambahadur Singh.
Shri Pramod Pachori, Public Prosecutor for the
respondent/State.
Heard.
Perused the case diary.
This is first bail application filed by the applicant under Section 439 of the Cr.P.C.
The applicant has been arrested on 28/9/2014 in connection with crime No.171/14, registered at Police Station Phoof District Bhind (M.P.) for the offence punishable under Sections 34-B and 36-A of the M.P. Excise Act.
As per the allegation levied by the prosecution, on 28/9/2014, 60 bulk litres of country-made liquor was seized from the possession of the present applicant.
Learned counsel for the applicant contended that the applicant has been falsely implicated in this case. It is further submitted that the applicant is not having any criminal background. Moreover, the alleged offence is triable by the Judicial Magistrate First Class. Hence, on these grounds learned counsel prays for allowing the application.
2 M.Cr.C.9725/14(Rambahadur Singh Vs. State of M.P.) Learned P.P. for the State, on the other hand, opposed the bail application and prayed for its rejection.
Looking to the aforesaid facts and circumstances of the case and the fact that there is no criminal past alleged against the applicant, the present application is allowed and it is directed that the applicant be enlarged on bail on his furnishing a personal bond in the sum of Rs.1,00,000/- (Rs. One Lac only) with one solvent surety in the like amount to the satisfaction of the Trial Court for his regular appearance before the trial Court on the condition that he shall remain present before the Court concerned during the trial and shall also comply with the conditions enumerated under Section 437(3) of Cr.P.C. and so also as imposed by the trial Court.
A copy of this order be sent for compliance to the Court concerned.
Certified copy as per rules.
(B.D.Rathi) Judge (Bu)