Raju @ Rajendra vs The State Of Madhya Pradesh
2022 Latest Caselaw 6273 MP

                                                              1
                                    IN THE HIGH COURT OF MADHYA PRADESH
                                                 AT JABALPUR
                                                         BEFORE
                                           HON'BLE SHRI JUSTICE VISHAL MISHRA
                                                      ON THE 27th OF APRIL, 2022

                                       MISC. CRIMINAL CASE No. 20866 of 2022

                               Between:-
                      1.       RAJU @ RAJENDRA S/O SHRI MUNNALAL , AGED
                               ABOUT 24 YEARS, OCCUPATION: LABOUR CASTE
                               THAKUR R/O VILLAGE KHERI MUGALI, TEHSIL
                               SILWANI, DISTRICT RAISEN (M.P.) (MADHYA
                               PRADESH)

                      2.       KESHAV S/O SHRI TANTULAL , AGED ABOUT 24
                               YEARS, OCCUPATION: CASTE THAKUR, LABOUR
                               R/O VILLAGE PATNA, TEHSIL SILWANI, DISTRICT
                               RAISEN (M.P.) (MADHYA PRADESH)

                                                                                            .....PETITIONER
                               (BY SHRI S.B.SHRIVASTAVA, ADVOCATE)

                               AND

                               THE STATE OF MADHYA PRADESH THROUGH
                               POLICE STATION SILWANI DISTRICT RAISEN M.P.
                               (MADHYA PRADESH)

                                                                                          .....RESPONDENT
                               (BY SHRI SUDEEP CHATTERJEE, GOVT. ADVOACATE )

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

                      following:
                                                               ORDER

This is the first bail application under Section 439 of Cr.P.C filed by the applicants for grant of bail.

The applicants have been arrested on 18.04.2022 by Police Station Silwani, District Raisen (M.P.), in connection with Crime No.99/2022 for the offence punishable under Section 34 (2) of the Excise Act.

It is alleged that 54 bulk liters of country made liquor has been seized from the possession of the present applicants.

I t is submitted that the applicants are innocent and have falsely been implicated in the case. The notice under Section 41-A of the Cr.P.C. has been issued and they have been released and thereafter they have cooperated in the Signature SAN Not Verified investigation. At time of filing of charge sheet, they have been arrest. Digitally signed by SARSWATI MEHRA Date: 2022.04.28 He has placed reliance upon the judgment passed by the Hon'ble Supreme 14:45:55 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. It is argued that once they have cooperated in investigation and in pursuance notice under Section 41-A. There is no further requirement of the custodial interrogation of the applicants. Applicants are in custody since 18.04.2022. It is submitted that there is no criminal past against the applicants. The applicants are the first offender. They are ready to abide by all the terms and conditions that may be imposed by this Court while considering the bail application. On these grounds, they prays for grant of bail.

P er contra, counsel appearing for the State has vehemently opposed the application stating that the recovery of 54 bulk liter of the county has been made liquor from the possession of the present applicant along with other co-accused. But he fairly submits that under Section 41-A of Cr.P.C. notice has been given to them and they have cooperated in the investigation. The applicants are first offender as per the case diary record is not disputed by State counsel.

Heard the learned counsel for the parties and perused the case diary. Considering the over all facts and circumstances of the case, without commenting upon the merits of the case, this application is allowed. Subject to verification of the fact that the applicants are the first offender, the applicants be released on bail on furnishing surety bond of Rs.50,000/- (Rupees Fifty Thousand Only) each with one local surety each in the like amount to the satisfaction of trial Court.

I n view of the COVID-19, jail authorities are directed to follow Covid protocol and guidelines before releasing the applicants on bail.

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 him;

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

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

4. The applicants shall not involve any other offence, in case the applicants

indulge in any other criminal case the benefit of bail as extended by this Court shall automatically cancelled;

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

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

7. If the applicants are found involved in any case except present one, then bail shall stand rejected without any reference to the court;

8 . The applicants will inform the concerned S.H.O. of concerned Police Station about them 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.

Certified copy as per rules.

(VISHAL MISHRA) JUDGE sm