Bhagwan Singh @APPELANT @Hash State of Madhya Pradesh

This is first application filed by the applicant under Section 439 of the Cr.P.C. for grant of bail relating to FIR/Crime No.276/2024 registered at Police Station Badnawar, District Dhar for the offence punishable under Sections 34(2) of the M.P. Excise Act. The applicant is in custody since 18.04.2024.

As per the case of the prosecution, about 60 bulk liters of illicit liquor is alleged to have been seized from the possession of the applicant.

Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. The charge sheet has been filed. There are three criminal antecedents against the applicant in which two are under the Arms Act, one under Section 379 of the IPC and only one under the Excise Act. It is further submitted that the applicant is permanent resident of District Dhar and there is no possibility of his absconding. On these grounds prayer is made to enlarge the applicant on bail.

Per contra, learned counsel for the respondent has opposed the prayer.

Considering overall facts and circumstances of the case, but without commenting on the merit of the case, bail application filed by the applicant is allowed. It is directed that applicant shall be released on bail on furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the trial court for his regular appearance before Court on all such dates as may be fixed in this regard.

It is further directed that the applicant shall comply with the provisions of Section 437(3) of the Cr.P.C.

This order shall be effective till the end of the trial. However, in case of bail jump and breach of any of the conditions of bail, it shall become ineffective.

Accordingly, M.Cr.C. stands disposed of.