Dhara Banjara vs State Of M.P

G.S. Ahluwalia, J

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

The applicant has been arrested on 21/10/2020 in connection with Crime No.305/2020 registered by Police Station Pohri, District Shivpuri for offence

under Section 34(2) of MP Excise Act.

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

possession of the applicant. The second bail application of the applicant was rejected on 15/12/2020. So far as the offence registered against the

applicant under Section 376 of IPC and under Section 34(2) of MP Excise Act is concerned, the applicant is on bail. The applicant is in jail for the last

three months and the trial is likely to take sufficiently long time. It is further submitted that looking to the criminal antecedents of the applicant, the

applicant is ready and willing to abide by any stringent condition including that of furnishing a cash surety.

Per contra, the application is opposed by the counsel for the According to the prosecution case, 60 liters of country-made liquor has been seized from

the possession of the applicant and he is in jail for the last three months.

Considering the concessional statement made by the counsel for the applicant as well as considering the criminal antecedents of the applicant and

without commenting on the merits of the case, the application is allowed. It is directed that the applicant shall be released on bail on furnishing cash

surety of Rs.1,50,000/- (Rupees one lac fifty thousand only) to the satisfaction of the Trial Court/Committal Court to appear before the Court on the

dates given by the concerned Court.

It is made clear that in case even if a single default in appearing before the Trial Court/Committal Court is committed, then this order shall lose its

effect and the cash surety so deposited by the applicant shall automatically stand forfeited.

Certified copy as per rules.