Arjun Banchda vs State Of Madhya Pradesh

S.K. Awasthi, J

This first application under Section 439 of Criminal Procedure Code, 1973 has been filed by applicant, who is implicated in connection with Crime

No.466/2020 registered at Police Station Neemuch City, District Neemuch (MP) for offence punishable under Section 34 (2) of the Madhya Pradesh

Excise Act, 1915.

The applicant is in custody since 24.10.2020. As per prosecution story, on the basis of secret information, the police party seized 80 bulk liter country

made liquor from the possession of present applicant / accused. Hence, case has been registered against him.

Learned counsel for the applicant has submitted that the applicant is innocent and he has falsely been implicated in the present crime. The applicant is

not having any criminal antecedents. 80 bulk liters of illicit country made liquor alleged to have been recovered from the possession of the applicant.

The applicant is in custody since 24.10.2020. The investigation is over and charge sheet has already been filed. Conclusion of the trial will take

sufficiently long time. Learned counsel for the applicant assured that in future applicant will not be faulted with the provision of Section 59 (A) of the

M.P. Excise Act, 1915. Under these circumstances, learned counsel for the applicant prays for grant of bail to the applicant.

Learned Panel Lawyer for the non-applicant / State of Madhya Pradesh submits that no sufficient ground is made out for releasing the applicant on

bail, hence the application filed by the applicant be dismissed.

Considering the facts and circumstances of the case and the arguments advanced by learned counsel for the parties, but without commenting on the

merits of the case, the application filed by the applicant is allowed. The applicant is directed to be released on bail upon furnishing a personal bond in

the sum of Rs.50,000/- (rupees fifty thousand) with one solvent surety of the like amount to the satisfaction of the trial Court for his regular

appearance before the trial Court during trial with a condition that he / she shall remain present before the court concerned during trial and shall also

abide by the conditions enumerated under Section 437 (3) Criminal Procedure Code, 1973.

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

Certified copy as per rules.