Bhumeshwar vs State Of M.P

Anjuli Palo, J

This is first application under Section 439 of Cr.P.C. for grant of bail filed on behalf of applicant - Bhumeshwar who has been arrested in connection

with Crime No.627/2021 registered at Police Station- Excise, Circle- Lanji, District- Balaghat for commission of offence under Section 34(1) A and 34

(2) of the M.P. Excise Act. The applicant is in custody since 30.01.2021. It is alleged that 55 bulk litres of country made liquor have been seized from

the possession of the applicant.

Learned counsel for the applicant submits that the applicant has been falsely implicated in the crime in question. It is contended that it is first crime

registered against the applicant and he has no criminal past. It is further contended that liquor has been seized from outside of the house of the

applicant for which the applicant cannot be held responsible. Hence, it is prayed that the applicant be released on bail.

Learned Panel Lawyer for the State has strongly opposed the bail application.

Considering the facts and circumstances of the case, without commenting on the merits of the case, this application is allowed. It is directed that

Applicant- Bhumeshwar be released on bail on his furnishing a personal bond in the sum of Rs.40,000/- (Rupees Forty Thousand only) with one

solvent surety, in the like amount to the satisfaction of the concerned trial Court for his appearance on the dates so fixed by that Court during trial. It is

made clear that if the applicant is found involved in similar offence in future, this order of bail shall stand ineffective. The applicant shall comply with

the provisions of Section 437 (3) of the Cr.P.C.

Accordingly, the application is allowed and disposed of.