Dauja @ Amar Singh Ahirwar vs State Of Madhya Pradesh

Gurpal Singh Ahluwalia, J

This first application under Section 439 of Cr.P.C. has been filed for grant of bail.

The applicant has been arrested on 25.07.2021 in connection with Crime No.170/2021 registered at Police Station Karariya, District Vidisha for offence under Section 49(A) of Excise Act.

It is submitted by the counsel for the applicant that according to the prosecution case, three bulk litres of country made liquor which was alleged to be unfit for human consumption has been seized from the possession of the applicant and the FSL report in that regard has also been received but the applicant is in jail from 25.7.2021. Since the offence was committed prior to the amendment in M.P. Excise Act, therefore, the minimum sentence is two months. The trial is likely to take sufficiently long time and there is no possibility of his absconding or tampering with the prosecution case.

Per contra, the application is vehemently opposed by the counsel for the State. However, after going through the police case diary, it is fairly conceded that the applicant is in jail for the last approximately 10 months and he has no criminal history.

Considering the facts and circumstances of the case, without commenting on the merits of the case, the application is allowed. It is directed that the applicant be released on bail on furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac Only) with one surety in the like amount to the satisfaction of the Trial Court/Committal Court to appear before the Court on the dates given by the concerned Court.

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

In the light of the judgment passed by the Supreme Court in the case of Aparna Bhat and others Vs. State of M.P. Passed on 18.03.2021 in Criminal Appeal No. 329/2021, the intimation regarding grant of bail be sent to the complainant.

Certified copy as per rules.