RAMBABU KURMI v. THE STATE OF MADHYA PRADESH
Court: High Court of Madhya Pradesh
Judgment date:
Case summary
High Court of Madhya Pradesh judgment dated 2024-01-24. RAMBABU KURMI 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 SHRI JUSTICE SANJEEV S KALGAONKAR th ON THE 24 OF JANUARY, 2024 MISC. CRIMINAL CASE No. 1955 of 2024 BETWEEN:- 1. RAMBABU KURMI S/O SHRI BALRAM KURMI, AGED ABOUT 35 YEARS, VISHDHA TEHSIL TYONDA DISTRICT VIDISHA M. P. (MADHYA PRADESH) 2. DINESH @ VAKEEL KURMI S/O NARAYAN SINGH KURMI, AGED ABOUT 40 YEARS, R/O LAGDHA TEHSIL TYONDA, VIDISHA (MADHYA PRADESH) ..... APPLICANT (SHRI JITENDRA SHARMA, LEARNED COUNSEL), AND THE STATE OF MADHYA PRADESH INCHARGE POLICE STATION THROUGH POLICE STATION TYONDA DISTRICT VIDISHA M. P. (MADHYA PRADESH) ..... RESPONDENTS (SHRI V. P. S. TOMAR, LEARNED PL), This application coming on for HEARING this day, th e court passed the following: ORDER This first bail application has been filed by applicants under Section 439 of the Code of Criminal Procedure, 1973 for grant of bail in connection with Crime No. 256 of 2023 registered at Police Tyonda District Vidisha (M. P.
) for offence punishable under Section 34 (2) of M. P. Excise Act. The applicants are in custody since 16. 12. 2023. As per the case of prosecution, on 16. 10. 2023, on secret information, Signature Not Verified Signed by: RAM KUMAR Signing time: 25/01/2024 10:41:14 AM ASI Gaurav Bajpai along with police force of PS Tyonda reached village Bagrod and tried to intercept the applicants on Activa. On being chased, both of the persons fled away from the spot leaving Activa on the spot. On search two cartoons containing 63 Bulk liters of country made plain liquor was recovered from the spot. Later, during investigation, both these persons were identified as applicants Rambabu and Dinesh alias Vakil Kurmi. On such allegations, Police Station Tyonda Distt. Vidisha registered FIR at Crime No. 256 of 2023 against applicants for offence punishable under Section 34(2) of MP Excise Act. Applicants were arrested on 06. 01. 2024. Statements of witnesses were recorded.
After investigation, final report has been filed on 07. 11. 2023. Learned counsel for the applicants, in addition to the grounds mentioned in the application, submits that applicants have been falsely implicated in this matter. No incriminating article was recovered from their conscious possession therefore, alleged offence is not made out against the applicants. They are permanent resident of District Vidisha (M. P. ). Applicants are aged around 35 and 40 years respectively. They are labourers by profession and sole bread earners of the family, therefore, there is no likelihood of their absconsion leaving family and home. Final report has been filed, therefore, no further custodial interrogation is needed. Jail incarceration is causing hardship to the family of the applicants. No criminal antecedents are reported against the applicants. The alleged offence is triable by Judicial Magistrate First Class. The trial would take time to complete.
Therefore, applicant may be extended the benefit of bail. Per contra, learned counsel for State opposes the bail application. Heard learned counsel for the parties and perused the case diary. Considering the arguments advanced by both the parties and overall Signature Not Verified Signed by: RAM KUMAR Signing time: 25/01/2024 10:41:14 AM circumstances of the case, but without commenting on merits of the case, this Court is inclined to release the applicants on bail. Thus, the application is allowed. Accordingly, it is directed that applicants Rambau Kurmi and Dinesh alias Vakil Kurmi shall be released on bail in relation to Crime No. 256 of 2023 registered at Police Tyonda District Vidisha (M. P. ) for offence punishable under Section 34 (2) of M. P. Excise Act, upon furnishing a personal bond in the sum of Rs. 50,000/-(Rs.
Fifty Thousand Only) each with one solvent surety of the same amount to the satisfaction of the Trial Court, for compliance with the following conditions,: (For the sake of convenience of understanding by accused and surety, the conditions of bail are also reproduced in Hindi as under):- (1) Applicants shall remain present on every date of hearing as may he directed by the concerned court; (1) vkosnd lacaf/kr U;k;ky; ds funZs'kkuqlkj lquokbZ dh izR;sd frfFk ij mifLFkr jgsxkA (2) Applicants shall not commit or get involved in any offence of similar nature; (2) vkosnd leku izd`fr dk dksbZ vijk/k ugha djsxk ;k mlesa lfEefyr ugha gksxkA (3) Applicants 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 police officer; (3) vkosnd izdjz.
k ds rF;ksa ls ifjfpr fdlh O;fDr dks izR;{k ;k vizR;{k :i ls izyksHku] /kedh ;k opu ugha nsxk] ftlls ,slk O;fDr ,sls rF;ksa dks U;k;ky; ;k iqfyl vf/kdkjh dks izdV djus ls fuokfjr gksA Signature Not Verified Signed by: RAM KUMAR Signing time: 25/01/2024 10:41:14 AM (4) Applicants shall not directly or indirectly attempt to temper with the evidence or allure, pressurize or threaten the witness; (4) vkosnd izR;{k ;k vizR;{k :i ls lk{; ds lkFk NsMNkM djus dk ;k lk{kh ;k lkf{k;ksa dks cgykus&Qqlykus] ncko Mkyus ;k /kedkus dk iz;kl ugha djsxkA (5) During trial, the applicant shall ensure due compliance of provisions of Section 309 of Cr. P. C. regarding examination of witnesses in attendance; (5) fopkj. k ds nkSjku] mifLFkr xokgksa ls ijh{k. k ds laca/k esa vkosnd /kkjk 309 na-iz-la- ds izko/kkuksa dk mfpr vuqikyu lqfuf'pr djsxkA This order shall be effective till the end of trial.
However, in case of breach of any of the precondition of bail, the trial Court may consider on merit cancellation of bail without any impediment of this order. The trial Court shall get these conditions reproduced on the personal bond by the accused and on surety bond by the surety concerned, if any of them is unable to write, the scribe shall certify that he had explained the conditions to the concerned accused or the surety. C. C. as per rules. (SANJEEV S KALGAONKAR) JUDGE Rks Signature Not Verified Signed by: RAM KUMAR Signing time: 25/01/2024 10:41:14 AM
Source: Supreme Court eSCR. Dataset: Dattam Labs, CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.