Madhya Pradesh High Court
Balkishan Gupta vs The State Of Madhya Pradesh on 26 October, 2021
Author: Anand Pathak
Bench: Anand Pathak
1
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.52004/2021
Balkishan Gupta Vs. State of M.P.
Gwalior Bench:
Dated :26.10.2021
Shri Keshav Pathak, learned counsel for the applicant.
Shri P.P.S. Bajeeta, learned PP for the respondent/State.
The applicant has filed this first application filed u/S.438 Cr.P.C for grant of anticipatory bail. Applicant is apprehending his arrest in connection with Crime No.0331/2021 registered at police Station, Purani Chhawni, Distt. Gwalior, for the offence punishable under Sections 420, 34 of IPC and Section 34(2), 49(A) of Excise Act and Section 102 and 103 of Trade Mark Act, 1999.
It is the submission of learned counsel for the applicant that the applicant aged 50 years is apprehending his arrest on the basis of registration of offences referred above. It is a submission of learned counsel for the applicant that on false pretext he has been implicated. He is a scrap dealer (dckMh) and his role is confined to supply bottles with rappers to other co-accused, who filled up the said bottles with illicite liquor. No direct role is attributable over the applicant. He was not informed about the reason for which bottles were bought by other co-accused. Confinement may bring social disrepute, personal inconvenience and health related problems as he is suffering serious ailments. He undertakes to cooperate in investigation/trial and abide 2 THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.52004/2021 Balkishan Gupta Vs. State of M.P. by all terms and conditions as imposed by this Court. On these grounds, he prays for grant of anticipatory bail.
Learned counsel for the State opposed the prayer and prayed for dismissal of the application.
Heard learned counsel for the parties at length and considered the arguments advanced by them.
Considering the submission and the fact and situation of the case, but without expressing any opinion on the merits of the case, this Court is inclined to allow the application under Section 438 of Cr.P.C. It is directed that applicant shall be released on bail in case of his arrest on furnishing personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand Only) with one solvent surety in the like amount, if not already placed the bail bonds, to the satisfaction of Arresting Authority/Investigating Officer.
This order will remain operative subject to compliance of the following conditions by the applicant:-
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 3 THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.52004/2021 Balkishan Gupta Vs. State of M.P. 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 will not commit an offence similar to the offence of which he is accused;
5. The applicant will not seek unnecessary adjournments during the trial and;
6. The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be;
7. The applicant shall cooperate in trial and shall not commit same nature of offence in future. He shall cooperate investigation and she would make himself available as and when required by the Investigating Officer.
8. The applicant shall mark his presence once in a week before the police station Purani Chhawni District Gwalior between 10.00 am to 2.00 pm, till filing of charge sheet.
E- copy of this order be sent to the trial Court concerned for compliance, if possible for the office of this Court.
Certified copy/ e-copy as per rules/directions.
(Anand Pathak) Judge neetu NEETU SHASHANK 2021.10.26 19:00:57 +05'30'