Vishal Dhagat, J
1. This is first application filed by the applicant under Section 439 of the Code of Criminal Procedure for grant of regular bail relating to FIR No.341/2016 registered at Police Station-Sihora, District-Jabalpur (MP) for the offence under Section 34(2) of the MP Excise Act and later on Sections 41, 42 of the MP Excise Act has been added.
2. Learned counsel appearing for the applicant submitted that applicant is in jail since 01.09.2023. Applicant is innocent and has falsely been implicated in the case. It is submitted that one Lakshmi Prasad Sharma has given a memorandum on basis of which applicant was made accused in the case. Said evidence is not admissible. Charge sheet has been filed. In these circumstances, he prayed that applicant may be released on bail.
3. Learned Government Advocate appearing for the State opposed the application for grant of bail. It is submitted that incident is of year 2016. Proceeding under Sections 299 of the Cr.P.C. has been initiated against the applicant. Applicant was absconding for long time, therefore, he may not be released on bail as there is possibility that applicant will flee from law.
4. Heard the counsel for the parties.
5. Applicant is in jail since 01.09.2023. All other co-accused in the case has already been released on bail. Owner of liquor was having a license and he was granted anticipatory bail. It has been submitted at bar that applicant was not informed regarding the pending case otherwise he would have surrendered.
6. Considering aforesaid facts and circumstances of the case, without commenting on the merits of the case, bail application stands allowed. It is directed that the applicant shall be released on bail on furnishing personal bond of Rs.50,000/- (Rs. Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the trial Court concerned for his regular appearance before Court on all such dates as may be fixed in this regard during pendency of trial.
7. The applicant shall also abide by the following conditions of Section 437 (3) of Cr. P. C. as under:-
(a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter;
(b) that such person shall not commit any offence similar to the offence of which he is accused, or suspected of the commission of which he is suspected and;
(c) that such person shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
C.C. as per rules.
