Abhishek Pandey vs State Of Madhya Pradesh

Vishal Dhagat, J

This is first bail application filed under Section 439 of Cr.P.C. on behalf of applicant, who is in jail since 12.08.2021 in connection with Crime

No.197/2021, registered at Police Station Gurh District Rewa for the offence punishable under Section 34 (2) of the Excise Act, 1915.

Learned counsel appearing for applicant submitted that offence is triable by Judicial Magistrate First Class. It is submitted that liquor seized from the

possession of applicant is more than 50 bulk liters. Co-accused in the case has already been enlarged on bail. Investigation in the case is complete and

charge-sheet has been filed. There is no criminal antecedent of the applicant. On these grounds, he made a prayer for grant of bail.

Learned Panel Lawyer appearing for the State opposed the application for grant of bail. It is submitted by him that total liquor which has been seized

from applicant is 117 bulk liters country made liquor and 72 bulk liters foreign made liquor. It is submitted that total quantity of liquor is about 189 bulk

liters. Considering the quantity of liquor, bail application may be rejected.

Heard the counsel for the parties.

Considering the facts that applicant does not have any criminal antecedent, this is first offence against the applicant under the Excise Act and co-

accused in the case has already been released on bail, therefore, bail application filed by the applicant is allowed.

It is directed that the applicant shall be released on bail on his furnishing a 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.

 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.