Asmar And Others vs State Of Madhya Pradesh

Anil Verma, J

Applicants have filed this first bail application under Section 439 of the Code of Criminal Procedure, 1973 on behalf of the applicants for grant of regular bail relating to Crime No.71/2024 registered at P.S. Sunera District-Shajapur (M.P.) for commission of offence punishable under Section 34(1)(a) and 34 (2) of M.P. Excise Act. They are in jail since 24.03.2024.

As per prosecution case, while patrolling the road, Sub Inspector Arvind Singh Tomar, posted at Police Reserve Center Sunera, saw a suspicious container with serial number UP-38-AT-3932 going from Sarangpur side. When Sub Inspector Arvind stopped and asked the driver for his name, driver told his name as Anwar Kamal S/o Nazim and the conductor had revealed their names to be Asmar S/o Ansar. When asked about the vehicle, the Anwar Kamal said that it was foreign liquor, when asked about the documents related to its transportation, Anwar Kamal produced photocopies of the documents. The vehicle was brought to the police station because they did not have the original permit. During interrogation, it was said that foreign liquor was being taken from Uttar Pradesh to Goa.

Learned counsel for the applicants submits that applicants are innocent person and they have been falsely implicated in this matter. He further submits that there is no legal evidence available on record to connect the applicants with the aforementioned offence and no further custodial interrogation is required. The offence is triable by Judicial Magistrate First Class. Applicants are in jail since 24.03.2024. Investigation is almost over and charge sheet has been filed. They are transporting the said liquor having valid license for transportation issued by the department of Excise U.P. It is also submitted that the said liquor was released on supurdginama vide order dated 13.04.2024 passed by the 3rd A.S.J. Shajapur in CRR No.11/2024. Final conclusion of trial will take considerable long time. Under the above circumstances, prayer for grant of bail may be considered on such terms and conditions, as this Court deems fit and proper.

4 . Per-contra, learned counsel for respondent/State opposes the bail application and prays for its rejection by submitting that applicants are resident of District Sambal (U.P.).

Perused the case diary as well as the impugned order of the court below.

6 . Considering all the facts and circumstances of the case, arguments advanced by counsel for the parties, nature and gravity of allegation as also taking note of the fact that applicants have no criminal antecedents and they are transporting the liquor having valid license for transportation issued by the department of Excise U.P. It is also submitted that the said liquor was released on supurdginama vide order dated 13.04.2024 passed by the 3r d A.S.J. Shajapur in CRR No.11/2024. Applicants are in custody since 24.03.2024; offence is exclusively triable by JMFC and final conclusion of trial will take considerable long time. In these circumstances, I deem it proper to release the applicants on bail. Therefore, without commenting on the merits of the case, the application is allowed.

It is directed that the applicants be released on bail upon their furnishing a personal bond in the sum of Rs.75,000/- (Rupees Seventy Five Thousand only) with two solvent sureties, out of which one should be local, in the like amount to the satisfaction of the trial Court for their appearance before the trial Court, as and when required. They shall abide by the conditions enumerated u/S. 437(3) Cr.P.C.

Certified copy as per rules.