Devendra Singh Bundela vs The State Of Madhya Pradesh
2023 Latest Caselaw 21579 MP

Madhya Pradesh High Court

Devendra Singh Bundela vs The State Of Madhya Pradesh on 15 December, 2023

Author: Anuradha Shukla

Bench: Anuradha Shukla

                                                              1
                            IN     THE        HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                     BEFORE
                                      HON'BLE SMT. JUSTICE ANURADHA SHUKLA
                                              ON THE 15 th OF DECEMBER, 2023
                                            MISC. CRIMINAL CASE No. 53327 of 2023

                           BETWEEN:-
                           DEVENDRA SINGH BUNDELA S/O SHRI NARAYAN
                           SINGH   BUNDELA,   AGED   ABOUT   25  YEARS,
                           OCCUPATION: AGRICULTURE VILLAGE DWARI TEHSIL
                           AND POLICE STATION AMANGANJ DISTRICT PANNA
                           (MADHYA PRADESH)

                                                                                           .....APPLICANT
                           (BY SHRI S.K. PATEL - ADVOCATE)

                           AND
                           THE STATE OF MADHYA PRADESH THROUGH POLICE
                           STATION AMANGANJ DISTRICT PANNA (MADHYA
                           PRADESH)

                                                                                         .....RESPONDENT
                           (BY SMT. VINEETA SHARMA - PANEL LAWYER)

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

This is first bail application filed by the applicant under Section 439 of the Code of Criminal Procedure for grant of regular bail relating to FIR/Crime No.368/2023 dated 06.10.2023 registered at Police Station Amanganj, District Panna for the offence punishable under Section 34(2) of M.P. Excise Act.

2. Learned counsel for the applicant has submitted that applicant is innocent and has been falsely implicated in the crime in question. The applicant is in custody since 06.10.2023 and trial will take considerable time to conclude. He further submits that applicant is permanent resident of the district and there

is no likelihood of his absconding or tampering with prosecution evidence. He also submits that the applicant is ready to furnish adequate surety and shall abide by all the directions and conditions which may be imposed by this Court. Upon these grounds, the applicant may be released on bail.

3. Learned counsel for the State has opposed the bail application.

4. Heard learned counsel for the parties and perused the case diary.

5. In this case, 59 bulk liters of illicit liquor was seized from the possession of the applicant.

6. This bail application has been opposed by the State on the ground that applicant has as many as 11 criminal cases registered, out of which 9 are under

M.P. Excise Act. From the record itself it appears that 8 of these cases were registered under Section 34 of M.P. Excise Act resulting into sentence of fine after admission of crime. One case registered under Section 34(2) of M.P. Excise Act has been decided resulting in acquittal of applicant as per the claim of counsel. For this, he has submitted that the judgment passed in RCT No.800706/2016 on 26.11.2021 by C.J.M., Panna.

7. Taking these facts into consideration, this bail application is allowed subject to imposing strict conditions.

8. It is directed that the applicant shall be released on bail upon his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the trial Court concerned for his appearance before the said Court on all such dates as may be fixed in this regard during pendency of the trial.

9. It is further directed that the applicant shall mark his presence every fortnight before the police station Amanganj, District P a nna between

10:00 a.m. to 12:00 p.m. till the conclusion of trial.

10. It is made clear that in case the applicant repeats similar kind of offence in future, this bail order shall be reconsidered for cancellation. T h e applicant shall comply with the provisions of Section 437 (3) of the Cr.P.C.

11. Accordingly, this M.Cr.C. stands allowed and disposed of.

(ANURADHA SHUKLA) JUDGE NP