Ankit @ Khade vs State Of Madhya Pradesh

Prakash Chandra Gupta, J

This is the first bail application filed under Section 439 of Cr.P.C. filed by the applicant under Section 439 of Cr.P.C. for grant of bail relating to FIR No. 112/2023 dated 09.03.2023 registered at Police Station- Tarana for the offence under Section 34/2 of the M.P. Excise Act.

As per prosecution story, on 09.03.2023, the applicant was found in possession of 70 bulk litres of country made liquor without having any license or authority.

Learned counsel for the applicant/accused submits that the applicant is in custody since 09.03.2023. 70 litres country made liquor have been recovered from the joint possession of accused/applicant and co-accused Mazhar. Charge sheet has been filed before the trial Court. Trial will take time for its disposal and no other case is pending before any Court against the applicant under Excise Act. Though, there are four case relating to I.P.C. and Arms Act are pending.

Learned Government Advocate for the respondent-State opposed the prayer and prayed for dismissal of the application.

I have heard the learned counsel for the parties and perused the record. Therefore, looking to the facts and circumstances of the case coupled with the fact that the trial of this case will take long time for its disposal. Therefore, without commenting any opinion on merits of the case the application is allowed.

Accordingly, it is directed that the applicant- Ankit Khade be released on bail on his furnishing a personal bond for the sum of Rs.50,000/- (Rupees Fifty Thousands Only) with one solvent surety in the like amount to the satisfaction of the trial Court, for securing his presence before the said Court regularly on all the dates fixed in this regard during trial and for complying with the conditions enumerated in sub-section (3) of Section 437 of Cr.P.C.

MCRC is allowed and stands disposed off.

CC as per rules