Anand vs State Of Madhya Pradesh

Rajendra Kumar (Verma), J

This is first bail application under section 439 of CrPC for grant of bail on behalf of applicant, who is in custody since 28/10/2022 in connection with Crime No.396/2022, registered at Police Station - Excise, Depalpur, District – Indore(M.P.)for the offence punishable under Section 34(2) of M.P. Excise Act.

As per prosecution, 180 bulk litre of illicit liquor has been seized from the spot.

Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. Investigation is over and charge-sheet has been filed. There is no recovery of any illicit liquor from the present applicant nor the applicant was present at the spot. The applicant has no past criminal antecedents. The applicant is in custody since 28/10/2022 and the conclusion of trial will take sufficient time. On the aforesaid grounds, prayer is made to release the applicant on bail.

Learned Govt. Advocate for the state has opposed the application and prayed for its rejection.

Looking to the facts and circumstances of the case, on a perusal of the material available on record including the case diary, without commenting on the merits of the case, this application is allowed.

It is directed that the applicant be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the trial court for securing his presence before the said Court on all the dates of hearing fixed in this regard during trial. It is also directed that the applicant shall comply with the provisions of Section 437(3) Cr.P.C.

This order shall remain effective till the end of the trial, but in case of bail jump and breach of any of the pre-condition of bail, it shall become ineffective and cancelled without reference to this Bench.

The M.Cr.C. stands allowed and disposed of.

Certified Copy as per rules.