Abhishek S/O Rameshchandra Kero vs State Of Madhya Pradesh

Subodh Abhyankar, J

They are heard. Perused the case diary / challan papers.

This is the applicant's first bail application under Section 439 of Criminal Procedure Code, 1973. He is implicated in connection with Crime

No.360/2021 registered at Police Station Tejaji Nagar, Indore District Indore (MP) for offence punishable under Section 34(2) of the Madhya Pradesh

Excise Act, 1915. The applicant is in jail since 19.06.2021.

The allegation against the applicant is that he was found in possession of more than fifty bulk liters (52 bulk liters) of unauthorized liquor which was

being transported on a scooter bearing registration number MP-09 UN-5620.

Counsel for the applicant has submitted that the investigation is complete, he is not required for further interrogation / investigation and the charge

sheet has already been filed. It is further submitted that the offence registered against the applicant is triable by Judicial Magistrate First Class and

final conclusion of the trial is likely to take sufficient long time. Thus, it is submitted that the applicant be released on bail.

Counsel for the State, on the other hand, has opposed the prayer and it is submitted that one more case has also been registered against the applicant

under Section 34 (1) of the MP Excise Act.

Having considered the rival submissions, taking note of the fact that the applicant is in jail since 19.06.2021, no other case under Section 34 (2) of MP

Excise Act has been registered against the applicant and the final conclusion of the trial is likely to take sufficiently long time and also taking note of

the liquor which is more than fifty bulk liters (52 bulk liters), the application deserves to be allowed.

Accordingly, without adverting to the merits of the case, the application filed by the applicant is hereby 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 / her regular appearance before the trial Court during trial with a condition that he / she 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.