1
(Keshav alias Chinta Vs. State of MP)
01.11.2012
Shri Rajnish Sharma, Advocate for applicant. Ms. Nutan Saxena, Public Prosecutor for Respondent/State.
Case Diary is perused.
Learned counsel for the rival parties are heard. The applicant has filed this first application u/S 439, Cr.P.C. for grant of bail. The applicant has been arrested by Police Station City Kotwali, District Guna in connection with Crime No.327/2012 registered in relation to the offence punishable u/S. 49(A) of the M.P. Excise Act. Learned Public Prosecutor for the State opposed the application and prayed for its rejection by contending that on the basis of the allegations and the material available on record, no case for grant of bail is made out.
Considering the facts that the applicant is in custody since 10.07.2012, the chargsheet has since been filed and the prosecution story discloses recovery of 8 litres of illicit allegedly poisonous liquor and that the early conclusion of the trial is a bleak possibility and pre-trial detention is anathema to the concept of liberty, this Court is though inclined to extend the benefit of bail to the applicant, but with certain stringent conditions in view of the nature of the offence. Accordingly, without expressing any opinion on merits of the case, this application is allowed and it is directed that the applicant be released on bail on furnishing a personal bond in the sum of Rs.1,00,000/- (Rs. One Lac only) with two solvent sureties each in the like amount to the satisfaction of the concerned trial Court.
2
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 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 shall 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. Looking to the criminal antecedents, the applicant will mark his attendance at the concerned trial Court once in a week.
A copy of this order be sent to the Court concerned for compliance.
C.c. as per rules.
(Sheel Nagu) Judge
Mehfooz/-