Ramana Babu vs The State Of Madhya Pradesh
2022 Latest Caselaw 7407 MP

                                                                            1
                                                   IN THE HIGH COURT OF MADHYA PRADESH
                                                                AT JABALPUR
                                                                        BEFORE
                                                          HON'BLE SHRI JUSTICE VISHAL MISHRA
                                                                     ON THE 19th OF MAY, 2022

                                                      MISC. CRIMINAL CASE No. 24588 of 2022

                                               Between:-
                                               RAMANA BABU S/O GILET @ GIRAR SINGH,
                                               AGED    ABOUT   25 YEARS, OCCUPATION:
                                               LABOUR, R/O GANDHI GRAM PANNA DIST.
                                               PANNA (MADHYA PRADESH)

                                                                                                       .....APPLICANT
                                               (BY SHRI ABDUL BASEEM KHAN, ADVOCATE)

                                               AND

                                               THE STATE OF MADHYA PRADESH THROUGH
                                               THANA KOTWALI PANNA DIST. PANNA
                                               (MADHYA PRADESH)

                                                                                                   .....RESPONDENTS
                                               (BY SHRI SUBODH KATHAR, GOVT. ADVOCATE)

                                            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

applicant for grant of bail.

The applicant has been arrested on 19.03.2022 by Police Station Kotwali Panna, District Panna (M.P.) in connection with Crime No.231/2022 for the offence punishable under Sections 34(2) of M.P. Excise Act.

It is submitted that the applicant has been falsely implicated in the case and he has not committed any offence in any manner. He is in custody since Signature Not Verified SAN

19/03/2022. The allegation against the present applicant is that from the Digitally signed by RANJEET AHIRWAL Date: 2022.05.20 11:11:14 IST

possession of the applicant, 63 bulk liters of country made liquor has been

seized. As far as criminal past of the present applicant is concerned, it is submitted that the applicant is having criminal history of four cases including the present case. In the case registered at Crime No.10/2013, the applicant has been acquitted by the trial court vide judgment dated 13.04.2016 and remaining cases are pending. He also placed reliance upon the judgement passed by the Hon'ble Supreme Court in the case of Prabhakar Tiwari Vs. State of Uttar Pradesh reported in (2020) 11 SCC 648, wherein it is held that the criminal past should not be sole ground for rejection of the bail application. He is ready to abide by all the terms and conditions that may be imposed by this Court while considering his bail application. In view of the aforesaid, he prays for grant of

bail.

P e r contra, learned counsel appearing for the State has vehemently opposed the application stating that 63 bulk liters of country made liquor has been seized from the possession of the applicant. He is having criminal history of four cases including the present case. It is argued that looking to the criminal past of the present applicant, no case for grant of bail is made out. Hence, he has prayed for dismissal of bail application.

Considering the over all facts and circumstances of the case and by placing reliance upon the judgement passed by the Hon'ble Supreme Court in the case of Prabhakar Tiwari (supra), without commenting upon the merits of the case, this Court deem it appropriate to allow this application. Accordingly, the application is allowed. The applicant is directed to be released on bail on furnishing surety bond of Rs.50,000/- (Rupees Fifty Thousand Only)

Signature Not Verified with one local surety in the like amount to the satisfaction of trial Court. SAN

Digitally signed by RANJEET AHIRWAL This order will remain operative subject to compliance of the following Date: 2022.05.20 11:11:14 IST

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 from disclosing such facts to the Court or to the Police Officer, as the case may be;

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

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

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

7. The applicant 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.

Certified copy as per rules.

(VISHAL MISHRA) V. JUDGE (ra) Signature Not Verified SAN

Digitally signed by RANJEET AHIRWAL Date: 2022.05.20 11:11:14 IST