Madhya Pradesh High Court
Dhanesh Singh vs The State Of Madhya Pradesh on 8 November, 2021
Author: Rajeev Kumar Dubey
1 MCRC-46153-2021
The High Court Of Madhya Pradesh
MCRC No. 46153 of 2021
(DHANESH SINGH Vs THE STATE OF MADHYA PRADESH)
Jabalpur, Dated : 08-11-2021
Shri P.S. Gaharwar, learned counsel for the applicant.
Shri Vinod Mishra, learned PL for the respondent / State.
Heard with the aid of case diary.
This is the second application under Section 439 of Cr.P.C for grant of
bail. The applicant Dhanesh Singh was arrested on 02.04.2021 in connection
with Crime No.83/2021 registered at Police Station Sohagi Distt. Rewa
(M.P.) for the offence punishable under Section 34(2) of M.P. Excise Act.
Earlier bail application of the applicant was dismissed as withdrawn by
this Court vide order dated 09.06.2021 passed in M.Cr.C. No.21120/2021.
As per the prosecution case, on 02.04.2021, on the information of
informant police stopped motor cycle bearing registration no. MP-27-MQ-
4140 which was being driven by applicant and seized 54 bulk liter of country
made liquor from his possession, which was illegally being carried by him on
that bike.
Learned counsel for the applicant submits that the applicant is innocent
and has falsely been implicated in the offence. The statement of both the
independent witnesses of seizure memo have been recorded by the trial
Court. They did not support the prosecution case and turned hostile. The
applicant has been in custody since 02.04.2021. Charge-sheet has been filed
and conclusion of trial will take time, hence it is prayed that the applicant be
released on bail.
Learned counsel for the State opposed the prayer and submitted that
two other offences are also registered against the applicant, so he should not
be released on bail.
In reply, learned counsel for the applicant submits that in Crime
No.132/2010 registered at P.S. Sohagi, learned trial Court acquitted the
Signature Not Verified
SAN
applicant in RCT No.1003852/2010 vide judgment dated 09.08.2021.
Digitally signed by MANOJ NAIR
Date: 2021.11.08 17:42:55 IST
2 MCRC-46153-2021
Looking to the facts and circumstances of the case, contention of
learned counsel for the applicant and the fact that applicant is in custody
since 02.04.2021, charge-sheet has been filed and conclusion of the trial will
take time, without commenting on merits of the case, the application is
allowed and it is directed that the applicant be released on bail upon his
furnishing personal bond in the sum of Rs.50,000/-(Rs. Fifty Thousand
Only) with surety in the like amount to the satisfaction of the concerned
CJM/trial Court for his 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 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 trial;
3. The applicant will not indulge himself 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;
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 prior permission of the trial
Court.
C.C. on payment of usual charges.
(RAJEEV KUMAR DUBEY)
JUDGE
mn
Signature Not Verified
SAN
Digitally signed by MANOJ NAIR
Date: 2021.11.08 17:42:55 IST
