RAMAKANT MISHRA v. THE STATE OF MADHYA PRADESH
Court: High Court of Madhya Pradesh
Judgment date:
Case summary
High Court of Madhya Pradesh judgment dated 2024-02-02. RAMAKANT MISHRA v. THE STATE OF MADHYA PRADESH. Read the judgment and case details on LawSphereX.
Judgment text
IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SMT. JUSTICE SUNITA YADAV nd ON THE 2 OF FEBRUARY, 2024 MISC. CRIMINAL CASE No. 4030 of 2024 BETWEEN:- 1. RAMAKANT MISHRA S/O OMKAR MISHRA, AGED ABOUT 32 YEARS, OCCUPATION: LABOUR, R/O TEELA MOHALLA UDGAWAN POLICE STATION JIGNA DISTRICT DATIA (MADHYA PRADESH) 2. RAMBABU TIWARI S/O SHRI MATADEEN, AGED ABOUT 38 YEARS, VILL. JIGNA P. S. JIGNA, DISTRICT DATIA (MADHYA PRADESH) ..... APPLICANT (BY SHRI NAVAL KISHORE GUPTA - ADVOCATE ) AND THE STATE OF MADHYA PRADESH THROUGH POLICE STATION CIVIL LINE DISTRICT DATIA (MADHYA PRADESH) ..... RESPONDENT (BY SHRI PRABHAT PATERIYA - DY. PUBLIC PROSECUTOR ) This application coming on for admission this day, the court passed the following: ORDER This is first application filed by the applicants under Section 439 of the CrPC for grant of bail relating to FIR No. 39 of 2024 registered at Police Station Civil Line, District Datia (M. P. ) for the offence under Section 34 (2) of Excise Act.
Allegation against the present applicant is that 179 bulk litres of illicit liquor has been seized from joint possession of applicants without having any Signature Not Verified Signed by: VIPIN KUMAR Signing time: 03-02-2024 11:14:50 AM valid license. Learned counsel for the applicants argued that the applicants are innocent and have been falsely implicated. They are in custody since 16. 01. 2024. It is further submitted that offence is triable by JMFC and trial is likely to take long time to conclude. Applicants are ready to abide by all the terms and conditions imposed by this Court while granting bail. On these grounds, he prays for grant of bail to the applicants. Per contra, learned counsel for the State vehemently opposed the bail application and prayed for its dismissal. Heard learned counsel for the rival parties and perused the case diary available on record.
Considering the facts and circumstances of the case, but without expressing any opinion on merits of the case, this application is allowed and it is directed that the applicants be released on bail on furnishing a personal bond by each of the applicant in the sum of Rs. 100,000/- (Rupees One Lakh Only) each with one solvent surety in the like amount to the satisfaction of the trial Court/committal Court.
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 them; 2) The applicants will cooperate in the investigation/trial, as the case may be; 3 ) The applicant will not indulge themselves in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to the Police Officer, as the case may be; 4) The applicants will not commit any other offence or will Signature Not Verified Signed by: VIPIN KUMAR Signing time: 03-02-2024 11:14:50 AM not repeat the offence in future. In case, if he/she is found involving in the offence of same nature, this bail order shall stand cancelled automatically without further reference to the Bench.
5) The applicants will not seek unnecessary adjournments during the trial; and 6 ) The applicants will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be. Learned State counsel is directed to send an e-copy of this order to the Station House Officer of the concerned Police Station for information and necessary action. E- copy of this order be sent to the trial Court concerned for compliance, if possible, by the office of this Court. Certified copy as per rules. (SUNITA YADAV) JUDGE vpn Signature Not Verified Signed by: VIPIN KUMAR Signing time: 03-02-2024 11:14:50 AM
Source: High Court of Madhya Pradesh. Dataset: Dattam Labs. CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.