Acchu @ Ajju @ Ajruddin vs State Of Madhya Pradesh

Prakash Chandra Gupta, J

Heard with the aid of case diary.

This is first application filed under Section 439 of Cr.P.C. for grant of bail to the applicant/accused, relating to FIR/Crime No.44/2024 dated (not mentioned) registered at Police Station: Y.D.Nagar, Mandsaur District Mandsaur (M.P.) for commission of offence punishable under Sections 49-A of the M. P. Excise Act.

Prosecution story, in brief, is that on 14.02.2024, co-accused Niyaju and Sohail were found in possession of 10 litres of spurious liquor, without having any license or authority, which was unfit for human consumption. The police had seized the aforesaid liquor from the possession of the co-accused persons and an FIR was lodged against them. During investigation it was found that present applicant was also involved in the case.

3 . Learned counsel for the applicant submits that the applicant/accused has not committed the offence and he has falsely been implicated in the case only on the basis of memorandum statement of co-accused persons. Applicant is in custody since 21.03.2024. The offence is exclusively triable by the Judicial Magistrate First Class. After completion of investigation, charge-sheet has been filed. No FSL report is filed with the charge-sheet. Trial will take sufficient long time for its disposal, therefore, it is prayed that present applicant/accused be released on bail.

4 . On the other hand, learned counsel for the non-applicant/State has objected the prayer and prayed for its rejection.

Having considered the rival submissions and after perusal of the case diary so also considering the facts and circumstances of the case, this Court is of the view that applicant deserves to be enlarged on bail, hence, without commenting on the merits of the case, the application is allowed.

It is directed that applicant- Acchu @ Ajju @ Ajruddin shall be released on bail on his furnishing a personal bond for a sum of Rs.50,000/-(Rupees Fifty thousand only) with one solvent surety in the like amount to the satisfaction of the concerned Court, for his appearance before the concerned Court regularly on all such dates as may be fixed in this regard during trial. It is further directed that applicant shall comply with the provisions of Section 437 (3) of Cr.P.C.

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

With the aforesaid, this application is allowed and stands disposed of. Certified copy, as per Rules.