Dashrath vs State Of M.P

Anil Verma, J

This is first application under Section 439 of Cr.P.C. filed on behalf of the applicant for grant of bail. The applicant is implicated in connection with

Crime No.240/2021 registered at Police Station-Industrial Area, Jaora, District-Ratlam (MP) for offence punishable under Section 34(2) of M.P.

Excise Act. The applicant is in custody since 21.04.2021.

As per prosecution story, the applicant was found to be in possession of 60 bulk litres of liquor unauthorisedly and illegally. Accordingly, a case has

been registered. Investigation is complete and charge sheet has been filed before the trial Court.

Learned counsel for the applicant contended that applicant is innocent person and he has been falsely implicated in this offence. No further

custodial investigation is required. However, he further submits that admittedly, earlier six offences were registered against the applicant and none of

them is related with M.P. Excise Act and in one case he has been acquitted. The applicant has already suffered jail incarceration since 21/04/2021,

under the above circumstances, prayer for grant of bail may be considered on such terms and conditions, as this Court deems fit and proper.

Per contra, learned learned government advocate for respondent â€" State opposes the bail application and supports the order impugned and prays

for rejection of the bail application.

Considering the facts and circumstances of the case and also keeping in view the fact that trial will take considerable long time for its final

conclusion, I deem it proper to release the applicant on bail.

Accordingly, 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.40,000/- (Rupees Forty Thousand) 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.

Before releasing the applicant from custody, the jail authorities are directed to medically examine him in order to rule out the possibility of COVID-

19 infections and shall comply with the direction given by the Hon'ble Apex Court in Writ Petition No.1/2020.

Certified copy as per rules.