Govind Das vs State Of Madhya Pradesh
2022 Latest Caselaw 5711 MP

                                                                      1
                                               IN THE HIGH COURT OF MADHYA PRADESH
                                                            AT JABALPUR
                                                                    BEFORE
                                                      HON'BLE SHRI JUSTICE VISHAL MISHRA
                                                             ON THE 20th OF APRIL, 2022

                                                   MISC. CRIMINAL CASE No. 19076 of 2022

                                          Between:-
                                          GOVIND DAS S/O LALARAM KUSHWAH , AGED
                                          ABOUT 25 YEARS, OCCUPATION: LABOUR R/O
                                          VILLAGE CHANDRAPURA POLICE STATION
                                          PRATHVIPUR, DISTRICT- NIWARI, M.P. (MADHYA
                                          PRADESH)

                                                                                                    .....PETITIONER
                                          (BY SHRI SHASHANK UPADHYAY, ADVOCATE )

                                          AND

                                          STATE OF MADHYA PRADESH THROUGH POLICE
                                          STATION PRATHVIPUR DISTRICT- NIWARI, M.P.
                                          (MADHYA PRADESH)

                                                                                                  .....RESPONDENTS
                                          (BY SHRI PRAMOD PANDEY, GOVERNMENT ADVOCATE)

                                        This application coming on for admission this day, the court passed the
                                following:
                                                                       ORDER

This is first application under Section 438 of CrPC for grant of anticipatory

bail.

The applicant apprehends his arrest in Crime No.635/2021 registered by Police Station-Prithvipur, District-Niwari (M.P.) for offence punishable under Section 34(2) of the Excise Act.

It is submitted that the applicant is innocent and has falsely been implicated in the case. He has not committed any offence in any manner. It is submitted that the other co-accused person has already been enlarged on bail vide order dated 18/02/2022 passed in M.Cr.C No.8899/2022. The notice under Section 41-A of the Cr.P.C. has been issued to the applicant and he was directed to appear before the trial court and cooperated in the investigation, thereafter, the authorities are bind upon his arrest.

He has placed reliance upon the judgment passed by the Hon'ble Supreme Signature Not Verified SAN

Digitally signed by PRARTHANA SURYAVANSHI Date: 2022.04.20 17:15:21 IST Court in the case of Satender Kumar Antil vs Central Bureau Of

Investigation special petition no.5191/2021 decided on 28 July, 2021 wherein, Hon'ble Supreme Court considering the category and types of offences and also placing reliance upon the judgment passed in the case of Siddharth vs. State of Uttar Pradesh & Anr. (Criminal Appeal No.838/2021), 2021 SCC OnLine SC

615) and further placed reliance upon the judgment passed in the case of Sanjay Chandra v. Central Bureau of Investigation reported in 2012 (1) SCC 40 has considered the aspect regarding determination whether to grant bail to both aspects have to be taken into consideration. Seriousness of the charge and severability of the punishment. He is ready to abide by all the terms and conditions that may be imposed by this Court while granting anticipatory bail. On these grounds, he prays for granting of anticipatory bail to the applicant.

P er contra, counsel appearing for the State has vehemently opposed the application stating that the applicant is having two criminal cases registered in year of 2020 & 2021 for Excise Act against him but could not dispute the fact that notice under Section 41-A of the Cr.P.C. has been issued to the applicant and he has cooperated in the investigation.

Heard the learned counsel for the parties and perused the case diary. Considering the over all facts and circumstances of the case and also the judgment passed by the Hon'ble Supreme Court, without commenting upon the merits of the case, this Court deems it appropriate to allow this application for grant of anticipatory bail. In the event of arrest, the applicant is directed to be released on bail on furnishing a surety bond in the sum of Rs.50,000/- (Rupees Fifty thousand only) with one local solvent surety in the like amount to the satisfaction of Arresting Officer.

The applicant is directed to mark his presence before the concerning Police S t a t io n in first week of every month and is directed to cooperate in investigation. In case of failure to cooperate, the bail granted by this Court shall stand rejected automatically.

This order will remain operative subject to compliance of the following

Signature Not Verified conditions by the applicant :-

SAN

Digitally signed by PRARTHANA

1. The applicant/s will comply with all the terms and conditions of the bond SURYAVANSHI Date: 2022.04.20 17:15:21 IST

executed by him;

2. The applicant/s will cooperate in the investigation/trial, as the case may be;

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

4. The applicant/s shall not involve any other offence, in case the applicant/s indulge in any other criminal case the benefit of bail as extended by this Court shall

automatically cancelled.

5. The applicant/s will not seek unnecessary adjournments during the trial;

6. The applicant/s will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.

7. The applicant/s will inform the concerned S.H.O. of concerned Police Station about his residential address in the said area and it would be the duty of the Public Prosecutor to send E-copy of this order to SHO of concerned police station as well as Superintendent of Police concerned who shall inform the concerned SHO regarding the same.

Application stands allowed and disposed of. E-copy of this order be provided to the applicant and E-copy of this order be sent to the trial Court concerned for compliance. It is made clear that E-copy of this order shall be treated as certified copy for practical purposes in respect of this order.

Certified copy as per rules

(VISHAL MISHRA) JUDGE Prar

Signature Not Verified SAN

Digitally signed by PRARTHANA SURYAVANSHI Date: 2022.04.20 17:15:21 IST