Ankit vs State Of Madhya Pradesh

Satyendra Kumar Singh, J

This is first repeat application filed under Section 439 of Cr.P.C for grant o f bail to the applicant, as he has been arrested on 05.11.2022 in connection with Crime No.360/2022 registered at Police Station Nemawar, District Dewas (M.P.) for commission of offence punishable under Section 34(2) of MP Excise Act.

Prosecution story in brief is that on 05.11.2022, applicant was found carrying 63 bulk liters of illicit country made liquor without having any licence or authority.

Learned counsel for the applicant submits that nothing has been seized from the possession of the applicant. Place of seizure was admittedly from an open place and applicant is falsely been implicated in this case. He is in custody since 05.11.2022. Investigation is complete and charge-sheet has been filed. Trial will take time for its conclusion. Hence, prayer is made to enlarge the applicant on bail.

Learned counsel for the respondent/State opposes the application for grant of bail by submitting that the applicant is having past criminal antecedents and two more criminal cases were registered against him.

Having considered the rival submissions, quantity of the liquor said to be seized from the possession of the applicant and also considering overall material produced on record, this Court is of the considered view that it is a fit case for grant of bail to the applicant.

It is directed that applicant shall 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 of the like amount to the satisfaction of the committal/trial Court to appear before the Court on the dates given by the concerned Court. It is directed that applicant shall comply with the provisions of Section 437(3) Cr.P.C.

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

Certified copy, as per Rules.