Devendra Singh vs State Of M.P

G.S. 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 3/1/2021 in connection with Crime No.6/2021 registered by Police Station Dehat, Distt. Ashoknagar for offence

punishable under Sections 34 (2) of Excise Act 1915.

It is submitted by the counsel for the applicant that according to the prosecution case, 60 bulk liters of country made liquor has been seized from the

possession of the applicant. The applicant is an innocent person and he has been falsely implicated. The trial is likely to take sufficiently long time and

there is no possibility of his absconding or tampering with prosecution case.

Per contra, the application is opposed by the counsel for the State. It is submitted that the applicant has a criminal history and Crime No.38/2014 was

registered against him under Section 8/20 of the NDPS, Act.

Considering the period of detention as well as considering the criminal antecedents of the applicant, this Court is of the considered opinion that the

applicant can be granted bail only on stringent condition. Accordingly, 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/- (Rs. 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.

It is further directed that the applicant shall appear before the S.H.O. Police Station Dehat, District Ashoknagar on 1st of every month during the

pendency of the Trial. In case of bail jump or non-appearance of the applicant before the police station as directed by this Court, this order shall lose

its effect.

Certified copy as per rules.