Ajay vs State Of Madhya Pradesh

Satyendra Kumar Singh, J

1.Perused the case diary.

This is first application filed under Section 439 of Cr.P.C for grant of bail to the applicant, as he has been arrested on 27.8.2023 in connection with Crime No.164/2023 registered at Police Station Kachnar, District Ashok Nagar (M.P.) for commission of offence punishable under Section 34(2) of the M.P. Excise Act.

Prosecution case, in brief, is that on 27.8.2023 the applicant was found having 75 bulk litres illicit country made liquor in three white colour plastic cane each having capacity of 25 litres for the purposes of sell without having any license or authority.

Learned counsel for the applicant submits that nothing has been seized from the possession of the applicant. He has been implicated in the matter only on the basis of suspicion as the seized liquor was found near the house of the applicant and place of incident is an open place. The applicant is in custody since 27.08.2023. His custodial interrogation is no more required. Trial will take time for its conclusion. Hence, prayer is made to enlarge the applicant on bail.

Learned counsel for the respondent/State opposed the application and submits that huge quantity of liquor has been seized from the possession of the applicant. He fairly conceded that the applicant has no criminal past record with regard to offence under Excise Act.

Having considered the rival submissions, material pointed out by learned counsel for the applicant, period of custody so also other facts and circumstances of the case, without commenting anything on the merits of the case, the application is allowed.

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

This application is allowed and stands disposed of.

Certified copy, as per Rules.