Sanjeev S Kalgaonkar, J
This SECOND bail application has been filed by applicant under section 439 of the Code of Criminal Procedure, 1973 for grant of bail in connection
with Crime No.264 of 2020 registered at Police Station Sironj Distt. Vidisha (M.P.) for an offence punishable under section 49(A) of M.P. Excise
Act. Earlier, his first bail application M.Cr.C.No.18621 of 2020 was allowed vide order dated 07.07.2020 with the condition that if the FSL report is
found positive, he will have to surrender before the Court. Now, the FSL report has been received on 24.11.2020 in the matter which is found positive.
Therefore, in compliance of the order dated 07.07.2023, the applicant had to surrender before the trial Court where, he was taken into custody on
30.11.2023. He is in custody ever since.
As per the case of prosecution, on secret information, on 01-06-2023, SI Pratibha Singh of PS Sironj along with police squad intercepted applicant near
Mahamai Gate, Tarveria Road, Sironj and from his possession, 20 bulk liters of illicit country-made raw liquor was recovered. Illicit liquor was seized
in compliance with due procedure. On suspicion that the liquor may be unfit for human consumption, PS Sironj registered FIR at Crime No.264 of
2020 against applicant for offence punishable under Section 49A of Excise Act. Relevant seizure has been made. Statements of the witnesses have
been recorded. As per FSL report received on 24-11-2020, the sample contains 6.32 % Ethyle alcohol along with furfural and sediments, therefore, it
was found to be unfit for human consumption. On completion of investigation, Final Report has been submitted on 01-06-2020. Applicant is in custody
since 30-11-2023.
Learned Counsel for the applicant, in addition to the grounds mentioned in the application, submits that the applicant has been falsely implicated in the
matter. The applicant is aged around 28 years and he is a labourer by profession. He has family to look after. There is no likelihood of his absconsion
leaving behind his family and home. Investigation is complete, therefore, no further custodial interrogation of the applicant is needed. Jail incarceration
is causing hardship to the applicant and his family. No criminal antecedent is reported against applicant. As per FSL report, no poisonous or life
threatening injurious substance was found in seized liqour. Alleged offence is triable by Judicial Magistrate First Class and the trial would take time to
complete. Therefore, the applicant may be extended the benefit of bail.
Per contra, learned counsel for State opposes the bail application on the ground of gravity of alleged offence and prays for its rejection.
Heard learned counsel for the parties and perused the case diary. Considering the arguments advanced by both the parties and overall circumstances
of the case, but without commenting on merits of the case, this Court is inclined to release the applicant on bail. Thus, the application is allowed.
Accordingly, it is directed that applicant RADHESHYAM BAGDI shall be released on bail in relation to Crime No.264 of 2020 registered at Police
Station Sironj Distt. Vidisha (M.P.) for an offence punishable under section 49(A) of M.P. Excise Act, upon furnishing a personal bond in the sum of
Rs.50,000/- (Rupees fifty thousand) with one solvent surety in the like amount to the satisfaction of the Trial Court, for compliance with the following
conditions, :
1. The applicant shall remain present on every date of hearing as may be directed by the concerned Court;
2. The applicant shall not commit or get involved in any offence of similar nature;
3. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to
dissuade them/him/her from disclosing such facts to the Court or to the investigating officer;
4. The applicant shall not directly or indirectly attempt to tamper with the evidence or allure, pressurize or threaten the witness;
5. The applicant shall ensure due compliance of provisions of Section 309 of Cr.P.C regarding examination of witness in attendance;
This order shall be effective till the end of trial. However, in case of breach of any of the pre-condition of bail, it shall become ineffective without
reference to the Court.
CC as per rules.
