Ashwin And Others vs State Of Madhya Pradesh

Prakash Chandra Gupta, J

Heard with the aid of case diary.

This is first application filed under Section 439 of Cr.P.C. for grant of bail to the applicants/accused, relating to FIR/Crime No.407/2023 dated (not mentioned) registered at Police Station - Nogaon, District Dhar (M.P.) for commission of offence punishable under Sections 34(2) of M.P. Excise Act.

Prosecution story, in brief, is that on 19.09.2023, the police had seized 2073.600 bulk litres of illicit liquor from a sleeper bus bearing registration No.GJ-01-CU-4444. It was found that the aforesaid liquor was of the present applicants Ashwin and Suresh and co-accused persons Ravi and Sanjay.

Learned counsel for the applicants submits that applicants have not committed the offence and they have falsely been implicated in the case. No liquor was seized from the possession of the present applicants. The offence is exclusively triable by the Judicial Magistrate First Class. Applicants are in custody since 17.10..2023. Co-accused Ravi has already been enlarged on bail vide order dated 21.11.2023 passed by this Court in MCRC No.46542/2023 and case of the present applicants is identical to that of co-accused Ravi. After completion of investigation, charge-sheet has been filed. Applicants have no criminal antecedents. Conclusion of trial will take sufficient long time for its disposal therefore, prayer is made for grant of bail to the applicants.

On the other hand, counsel for the State has opposed the prayer and prayed for rejection of the application.

Having considered the rival submissions and after perusal of the case diary so also considering the facts and circumstances of the case, without commenting on the merits of the case, this Court is of the view that applicants deserve to be enlarged on bail hence, the application is allowed.

It is directed that the applicants - Ashwin & Suresh shall be released on bail upon their furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) each with one solvent surety each in the like amount to the satisfaction of the concerned Trial Court for their appearance before the Trial Court on all such dates as may be fixed in this behalf by the Trial Court during pendency of the trial. It is further directed that applicants shall comply with the provisions of Section 437(3) of Criminal Procedure Code, 1973.

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

With the aforesaid, this application is allowed and stands disposed of. Certified copy, as per Rules.