Daljeet vs State Of Madhya Pradesh

S.K. Awasthi, J

This second repeat bail application under Section 439 of Criminal Procedure Code, 1973 has been filed by applicant, who is implicated in connection

with Crime No.249/2020 registered at Police Station- Excise Circle, Balda colony District- Indore for offence punishable under Section 34 (2) of the

Madhya Pradesh Excise Act, 1915. The applicant is in custody since 30.10.2020.

His earlier application was dismissed as withdrawn vide order dated 23.11.2020 passed in M.Cr.C. No.44321/2020 granting liberty to renew his prayer

after filing of charge-sheet. Now, the charege sheet has been filed.

As per prosecution story, 189 bulk liters of foreign liquor was recovered from the house of the present applicant. Hence, case has been registered

against him.

Learned counsel for the applicant has submitted that the applicant is innocent and he has falsely been implicated in the present crime. It is further

submitted that 189 bulk liters of foreign liquor alleged to have been recovered from the house of the applicant, however, at the time of seizure the

applicant was not present there. This is the first case registered under the M.P. Excise Act against the applicant. The applicant is in custody since

30.10.2020. Investigation is almost completed and charge sheet has been filed. The conclusion of the trial will take sufficiently long time. Learned

counsel for the applicant assured that in future applicant will not be faulted with the provision of Section 59 (A) of the M.P. Excise Act, 1915. Under

these circumstances, learned counsel for the applicant prays for grant of bail to the applicant.

Counsel for the State submits that no sufficient ground is made out for releasing the applicant on bail, hence the application filed by the applicant be

Digitally signed by Jyoti Chourasia dismissed.

Considering the facts and circumstances of the case and the arguments advanced by learned counsel for the parties, but without commenting on the

merits of the case, the application filed by the applicant is allowed. The applicant is directed to be released on bail upon furnishing a personal bond in

the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety of the like amount to the satisfaction of the trial Court for his regular

appearance before the trial Court during trial with a condition that he shall remain present before the court concerned during trial and shall also abide

by the conditions enumerated under Section 437 (3) Criminal Procedure Code, 1973.

This order shall be effective till the end of the trial, however, in case of bail jump, it shall become ineffective.

Certified copy as per rules.