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Judgment
9 paragraphs · 367 wordsAnil Verma, J
The applicant has filed this first bail application under Section 439 of the Code of Criminal Procedure, 1973. He is in jail since 06/02/2022 in connection with Crime No.464/2022 registered at Police Station Dwarikapuri, District Indore (M.P.) for commission of offence punishable under Section 34 and 49-A of the M. P. Excise Act.
As per the prosecution story, the applicant was found to be in possession of 05 litre spurious liquor unauthorisedly and illegally during the search by police. Accordingly, a case has been registered.
Learned counsel for the applicant submits that applicant is innocent and he has been falsely implicated in this matter. He further submits that there is no legal evidence available on record to connect the applicant with the aforementioned offence and no further custodial interrogation of the applicant is required. Offence is triable by Judicial Magistrate First Class. Applicant is in jail since 06/02/2022. He is a permanent resident of District Indore. Final conclusion of trial will take considerable long time. Hence, he prays that applicant be released on bail.
Per-contra, learned counsel for the respondent/State opposes the bail application and prays for its rejection. However, she fairly admits that the present applicant has no past criminal record.
Perused the case diary as well as the impugned order of the court below.
Considering all the facts and circumstances of the case, arguments advanced by counsel for the parties, nature and gravity of allegation as also taking note of the fact that the applicant is in jail since 06/02/2022; offence is exclusively triable by JMFC; applicant has no criminal antecedent and final conclusion of trial will take considerable long time. Hence, I deem it proper to release the applicant on bail.
Accordingly, without commenting on the merits of the case, the application is allowed. It is directed that the applicant be released on bail upon his furnishing a personal bond in the sum of Rs.70,000/- (Rupees Seventy Thousand Only) with one local solvent surety in the like amount to the satisfaction of the trial Court for his appearance before the trial Court, as and when required. He shall abide by the conditions enumerated u/S. 437(3) Cr.P.C.
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