Ajabsingh Rawat vs State Of Madhya Pradesh

Deepak Kumar Agarwal, J

This is first bail application u/S.439 Cr.P.C filed by the applicant for grant of bail.

Applicant has been arrested on 23.12.2022 by Police Station, Dabra District Gwalior (MP), in connection with Crime No.250/2021 for the offence punishable under Sections 34, 49-A of M.P. Excise Act, 1915.

On 07.09.2022, Police Station Dabra seized 5 liters of liquor from the possession of present applicant/accused in suspicious condition. He was given notice under Section 41-A of Cr.P.C. Chemical report received from the chemical analyst is reported to be unfit for human consumption. Therefore, he was arrested on 23.12.2022.

I t is submitted by learned counsel for the applicant that applicant has been falsely implicated in the case. He is in custody since 23.12.2022. After investigation, charge-sheet has been filed. On such premises, learned counsel for the applicant prayed for bail.

Learned counsel for the State vehemently opposed the application and has prayed for its rejection.

Looking to the aforesaid facts and circumstances of the case, without commenting upon the merits of the case, this Court is of the opinion that the application should be allowed and by allowing the application it is ordered that if the applicant furnishes a cash surety of Rs.20,000/- (Rupees Twenty Thousand Only) alongwith a personal bail bond in the sum of Rs.25,000/-(Rupees Twenty Five Thousand Only) with one local solvent surety of the like amount to the satisfaction of the trial Court, he should be released on bail with condition that if he remains absent during trial, the said security will stand forfeited automatically without notice to the applicant.

He will present during trial before the trial Court on each and every date and will cooperate with the trial. In case of default, the cash security of Rs.20,000/- shall stand forfeited automatically

Application stands allowed and disposed of.

Certified copy as per rules.