RAMNIWAS v. THE STATE OF MADHYA PRADESH
Court: High Court of Madhya Pradesh
Judgment date:
Case summary
High Court of Madhya Pradesh judgment dated 2024-01-16. RAMNIWAS 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 16 OF JANUARY, 2024 MISC. CRIMINAL CASE No. 1827 of 2024 BETWEEN:- RAMNIWAS S/O SHRI RAGHUWAR, AGED ABOUT 36 YEARS, VILLAGE MAHAVIRPURA P S BAGCHINI TEH AND DISTRICT MORENA MP (MADHYA PRADESH) ..... APPLICANT (NAROTTAM SHARMA, LEARNED COUNSEL FOR THE APPLICANT), AND THE STATE OF MADHYA PRADESH INCHARGE POLICE STATION THROUGH POLICE STATION BAGCHINI DISTRICT MORENA MP (MADHYA PRADESH) ..... RESPONDENTS (SHRI PRABHAT PATERIYA, LEARNED PP), This application coming on for HEARING this day, th e court passed the following: ORDER This first 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. 256 of 2023 registered at Police Station Bagchini District Morena (M. P. ) for offence punishable under Sections 34(2) of M. P. Excise Act. The applicant is in judicial custody since 26. 12. 2023.
A s per the case of prosecution, on secret information, SHO Bhumika Dube of PS Bagchini along with police force reached village Mahavirpura and behind the house of Ramniwas Kushwah, recovered 7 boxes containing 67 Liters of country made plain liquor. Seeing the police force, one person fled Signature Not Verified Signed by: RAM KUMAR Signing time: 17/01/2024 11:07:09 AM away from the spot and he could not be intercepted whose name was later on disclosed by the witnesses as applicant Ramprasad Kushwah. The illicit liquor was seized. An offence punishable under Section 34(2) of MP Excise Act was registered by PS Bagchini against applicant- Ramniwas Kushwah. Applicant Ramniwas Kushwah was arrested on 26-12-2023. He is in custody ever since. Statements ot witnesses were recorded. 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 merely on the basis of suspicion.
No incriminating article has been recovered from conscious possession of applicant. The applicant is 36 years old having family to look after. He is sole bread earner of the family. There is no likelihood of his absconsion leaving behind the family and home. There is no likelihood of his tampering with the evidence by the applicant. No criminal antecedent similar in nature is reported against the applicant. Jail incarceration is causing hardship to the applicant and his family. The trial would take time to conclude. Therefore, the applicant may be extended the benefit of bail. Per contra, learned counsel for State opposes bail application on the ground of gravity of alleged offence. 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- Ramniwas shall be released on bail in relation to Crime No. 256 of 2023 registered at Police Station Signature Not Verified Signed by: RAM KUMAR Signing time: 17/01/2024 11:07:09 AM Bagchini District Morena (M. P. ) for offence punishable under Sections 34(2) of M. P. Excise Act, upon furnishing a personal bond in the sum of Rs.
50,000/- (Rupees Fifty Thousand Only) 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) Applicant 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) Applicant 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) 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 police officer; (3) vkosnd izdz.
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 (4) Applicant 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 applicants 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 Signature Not Verified Signed by: RAM KUMAR Signing time: 17/01/2024 11:07:09 AM 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: 17/01/2024 11:07:09 AM
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