Bhura Singh vs State Of Madhya Pradesh

Dwarka Dhish Bansal, J

This is the first application filed by the applicant under Section 439 of the Code of Criminal Procedure for grant of bail relating to Crime No. 217/2022 registered at Police Station - Saraychhola, District- Morena for the offence under Section 34(2) of Excise Act.

Learned counsel for the applicant submitted that applicant is innocent and has not committed any offence and has been falsely implicated in the case. The applicant is in custody since 29.05.2023. He further submits that he has been found in possession of 64 bulk litres country-made liquor. Conclusion of trial is likely to take time and there is no likelihood of his absconsion, if released on bail. On these grounds, he prays for grant of bail to the applicant.

On the other hand, learned State counsel vehemently opposed the application citing one criminal history of applicant and prayed for its rejection.

Heard learned counsel for the rival parties and perused the case diary available on record.

However, keeping in view the facts and circumstances of the case in their entirety, particularly the fact as pointed out by the learned counsel for the applicant, in the opinion of this Court, applicant deserves to be released on bail.

Consequently, this application for bail under Section 439 of the Code of Criminal Procedure is allowed.

It is directed that the applicant shall be released on bail on furnishing a personal bond in the sum of Rs.50,000/- with a solvent surety in the same amount to the satisfaction of the concerned trial Court for his appearance before that Court on all dates fixed in the case and for complying with the conditions enumerated under Section 437 (3) of the Cr.P.C.

Certified copy as per rules.