Alauddin vs State Of Madhya Pradesh

Gurpal Singh Ahluwalia, J

This first application under Section 439 of Cr.P.C. has been filed for grant of bail.

The applicant has been arrested on 19/04/2022 in connection with Crime No.77/2022 registered at Police Station Gormi, District Bhind for offence under Sections 34(2), 49(A) and 42 of Excise Act.

It is submitted by the counsel for the applicant that the applicant is in jail for the last five months. According to the prosecution case, on the information of co-accused Nasir 100 liters of OP, 1000 empty bottles, 2000 caps, 500 stickers were seized from the house of the applicant. The applicant has been falsely implicated. He is in jail for the last five months. In view of the criminal antecedents of the applicant, he is ready and willing to abide by any stringent condition which may be imposed by the Court including that of furnishing cash surety. The Trial is likely to take sufficiently long time and there is no possibility of his absconding or tampering with the prosecution case.

Per contra, the application is vehemently opposed by the counsel for the State. It is submitted that the applicant has a criminal history and seven more criminal cases under Section 34(2) and 49-A of Excise Act have been registered against the applicant in different police stations. The applicant was in the business of supplying illicit liquor.

Considering the period of detention as well as consideration the concessional statement made by the counsel for the applicant that he is ready and willing to furnish cash surety, the application is allowed. It is directed that the applicant shall be released on bail on furnishing cash surety of Rs.3,00,000/-(Rupees Three Lacs) to the satisfaction of the Trial Court/Committal Court to appear before the Court on the dates given by the concerned Court.

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

It is made clear that single default in appearance before the Trial Court, or in case of registration of new offence, this bail order shall automatically come to an end and the cash surety so furnished by the applicant shall automatically stand forfeited without any reference to the Court.

In the light of the judgment passed by the Supreme Court in the case of Aparna Bhat and others Vs. State of M.P. Passed on 18.03.2021 in Criminal Appeal No. 329/2021, the intimation regarding grant of bail be sent to the complainant.

CC as per rules.