Brajendra Singh Chauhan vs State Of Madhya Pradesh

Satyendra Kumar Singh, J

Case diary is available.

With the consent, heard finally.

This is first application filed under Section 439 of Cr.P.C for grant of bail to the applicant as he has been arrested on 20.6.2023 in connection with Crime No.397/2023 registered at Police Station Karera, District Shivpuri for the offence punishable under Section 34(2) of Excise Act.

Prosecution story, in brief is that on 20.6.2023 the applicant along with two other co-accused persons was found having 70 bulk litres of illicit country made liquor for the purposes of sale without having its license.

Learned counsel for the applicant submits that nothing has been seized from the possession of the applicant. Admittedly, liquor was seized from an open place, i.e., side of the road. No offence is made out against the applicant. The applicant has been arrested only on the basis of suspicion. The applicant has no criminal past record. He is in custody since 20.6.2023. The charge sheet has been filed. Trial will take time to conclude and therefore, in the aforesaid circumstances, applicant is entitled for grant of bail.

Learned counsel for the respondent/State has vehemently opposed the prayer.

Heard the learned counsel for both the parties.

Having considered the rival submissions, material pointed out by the learned counsel for the applicant, liquor was found from the joint possession of the applicant and co-accused persons, and considering over all facts and circumstances of the case, without expressing any opinion on the merits of the case, this Court is of the view that the applicant deserves to be enlarged on bail, hence the application is allowed.

It is directed that the applicant be released on bail upon his furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with a solvent surety in the like amount to the satisfaction of the concerned Court for his appearance before the Trial Court on all such dates as may be fixed in this behalf by the Trial Court during the pendency of trial. It is further directed that applicant shall comply with the provisions of Section 437 (3) of Cr.P.C.

This application is allowed and stands disposed of.

Certified copy, as per Rules.