Abdul Gaffar vs State Of M.P.

Subodh Abhyankar, J

This is the first application under Section 439 of Criminal Procedure Code, 1973, as he is implicated in connection with Crime No.113/2020 registered

at Police Station Dhamnod, District â€" Dhar (MP) for offence punishable under Sections 34(2) of M.P. Excise Act.

The applicant is in custody since 10.03.2021.

The allegation against the applicant is that he was also involved in the present case wherein 9504 bulk litres illicit liquor has been seized from the

possession of co-accused Istiyak Khan, who happens to be the driver of the vehicle. It is alleged against the applicant that at his instance the aforesaid

liquor was being transported.

Counsel for the applicant has submitted that the applicant has been falsely implicated in the case only on the basis of a memo prepared under Section

27 of the Evidence Act and no other evidence is available against the applicant to connect him with the offence. Charge-sheet has already been filed

and as also there is no CDR available in the charge-sheet, of the present applicant and the other co-accused person.

It is further submitted that the main accused Istiyak Khan has already been released on bail by this Court in M.Cr.C. No.20583 of 2021 vide order

dated 09.06.2021 and the applicant's case is better than the case of the co-accused Istiyak Khan.

Counsel for the respondent/State, on the other hand, has opposed the prayer, however, it is not denied that there are no criminal antecedents against

the applicant.

Having considered rival submissions, I find force with the contentions raised by Counsel for the applicant to allow the application.

Accordingly, without commenting on the merits of the case, the application filed by the applicant is allowed. The applicant is directed to be released on

bail upon furnishing a personal bond in the sum of Rs.50,000/- (rupees fifty thousand) with one solvent surety of the like amount to the satisfaction of

the trial Court for his regular appearance before the trial Court during trial with a condition that he shall remain present before the court concerned

during trial and shall also abide by the conditions enumerated under Section 437 (3) Criminal Procedure Code, 1973.

It is also observed that if the applicant is found to be involved in any criminal activities, after his release on bail, then the present bail order shall stand

cancelled without further reference to this Court; and the State / prosecution will be free to arrest the accused in the present case also.

This order shall be effective till the end of the trial, however, in case of bail jump, it shall become ineffective.

Certified copy as per rules.