Annu @ Adity Sen vs State Of Madhya Pradesh

Deepak Kumar Agarwal, J

This is second repeat bail application u/S.439 Cr.P.C filed by the applicant for grant of bail. His first bail application was dismissed as withdrawn by this Court by order dated 02.06.2022 passed in M.Cr.C. No.24863/2022.

Applicant has been arrested on 14.03.2022 by police Station,-Jhansi Road, Distt. Gwalior, in connection with crime No.533/2021 for the offence punishable under Sections 34(2) of the Madhya Pradesh Excise Act.

As per prosecution story, from the joint possession of applicant and other co-accused, 1208 liters illicit liquor has been seized. Thereafter, applicant has been arrested on 14.03.2022.

Learned counsel for the applicant submits that applicant is innocent and falsely implicated in the case. He is in custody since 14.03.2022. He undertakes to cooperate in investigation/trial. After investigation, charge-sheet has been filed and therefore, further custodial interrogation of the applicant is not required. Conclusion of trial will take time. On such premises, learned counsel for the applicant prayed for bail.

Learned counsel for the State opposed the application and prayed for its rejection.

Heard learned counsel for both the parties and perused the case diary. Looking to the facts and circumstances of this case but without commenting upon the merits of the case, this Court is of the opinion that the application should be allowed and by allowing the application it is ordered that if the applicant furnishes cash security of Rs.5,000/- (Five Thousand only) alongwith bail bond in the sum of Rs.25,000/- (Rs. Twenty Five thousand only) before the trial Court, he should be released on bail.

He will present during trial before the trial Court on each and every date. In case of any default, cash security of Rs.5,000/- shall be forfeited without giving him any notice.

Application stands allowed and disposed of.

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