Aansar @ Gullu vs State Of Madhya Pradesh

Vishal Dhagat, J

This is second bail application filed under Section 439 of Cr.P.C. on behalf of applicant, in connection with Crime No.1406/2021, registered at Police Station Kolar, District Bhopal (M.P.), for the offences punishable under Sections 34(2) of M.P. Excise Act.

Learned counsel appearing for the applicant submitted that 54 litres of illicit liquor has been seized from the applicant. It is submitted that two cases under Excise Act are registered against the applicant in which he has been fined and trial has been completed. It is also submitted that challan has already been filed and investigation in the case is complete. Applicant is in jail since 24.10.2021. In this circumstances, learned counsel for the applicant prayed for bail to applicant.

Learned Govt. Advocate appearing for the respondent/State opposed the prayer for grant of bail. It is submitted that applicant is a habitual offender and earlier also he has committed offence under Excise Act. In these circumstances, learned Panel Lawyer made a prayer for rejection of bail application.

Heard the counsel for the parties.

Considering the fact that investigation is complete and challan has also been filed, applicant is in jail since 24.11.2021, offence is triable by Judicial Magistrate First Class, and the aforesaid facts and circumstances of the case, bail application filed by the applicant is allowed.

It is directed that applicant Aansar @ Gullu shall be released on bail on his furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety in the like amount to the satisfaction of the trial court, on condition that he shall mark his presence on the first of every month at Police Station Kolar, District Bhopal. If applicant is found involved in any other offence in future then bail granted to him today shall stand cancelled and he shall be apprehended by the police.

In addition to aforesaid condition, the applicant shall abide by the conditions enumerated under Section 437(3) of Cr.P.C.

C.C as per rules.