Harshit @ Harsh vs. The State Of Madhya Pradesh

The High Court Of Madhya Pradesh

MCRC-23321-2021

(HARSHIT @ HARSH AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Jabalpur, Dated : 09-06-2021

Heard through Video Conferencing.

Shri Anurag Shivhare, Advocate for the applicants.

Shri Amit Pandey, PL for the respondent/State.

Case diary perused.

This is the first bail application under Section 439 Cr.P.C. Applicants Harshit @ Harsh & Anshul @ Honey were arrested on 12/02/2021 in connection with Crime No.90/2021 registered at Police Station Chhapara, District Seoni (MP) for the offence punishable under Section 34(2) of the M.P. Excise Act.

As per prosecution case on 11/02/2021 on the information of informant Police stopped bus bearing registration No.MH-40-BL-7244 and seized 55 bulk liter of country made liquor from the possession of applicants and coaccused Raja Kumre, which was illegally being carried by them in that bus.

Learned counsel for the applicants submits that the applicants are innocent and falsely been implicated in the offence. The applicants have no criminal past. They have been in custody since 12/02/2021 and conclusion of trial will take time, hence prayed for release of the applicants on bail.

On the other hand, learned counsel for the respondent/State opposed the prayer.

Looking to the facts and circumstances of the case, the quantity of liquor alleged to have been seized from the possession of applicants & coaccused and the fact that the applicants have no criminal past, they are in custody since 12/02/2021 and conclusion of the trial will take time, without commenting on the merits of the case, the application is allowed and the applicant are directed to be released on bail upon their furnishing personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand Only) each with one surety each in the like amount to the satisfaction of the concerned C.J.M/trial

Court for their appearance before the trial Court on all such dates as may be fixed in this behalf by the trial Court during the pendency of trial.

This order will remain operative subject to compliance of the following conditions by the applicants :

1.The applicants will comply with all the terms and conditions of the bond executed by them;

2.The applicants will cooperate in the trial;

3.The applicants will not indulge themselves in extending inducement, threat or promise to any person acquainted with the fact of the case so as to dissuade him from disclosing such facts to the Court or to the Police Officer, as the case may be;

4.The applicants shall not commit an offence similar to the offence of which they are accused;

5.The applicants will not seek unnecessary adjournments during the trial; and

6.The applicants will not leave India without prior permission of the trial Court.

Certified copy as per rules.

(RAJEEV KUMAR DUBEY) JUDGE

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