Dharendra Dangi vs State Of Madhya Pradesh

Satyendra Kumar Singh, J

Case diary is available.

With the consent, heard finally.

This is first application filed under Section 439 of Cr.P.C for grant of bail to the applicant as he has been arrested on 11.6.2023 in connection with Crime No.315/2023 registered at Police Station City Basoda, District Vidisha for the offence punishable under Section 49(A) of Excise Act.

Prosecution story, in brief is that on 11.6.2023 the applicant was found having 05 litres of illicit spurious country made liquor for the purposes of sale.

Learned counsel for the applicant submits that nothing has been seized from the possession of the applicant. Liquor which has been seized from the possession of the applicant was seized from the public place. There is nothing on record which suggest that the aforesaid liquor was spurious and unfit for human consumption. No offence is made out against the applicant. The applicant is in custody since 11.6.2023. The charge sheet has been filed. His custodial interrogation is not required. Trial will take time to conclude and therefore, in the aforesaid circumstances, applicant is entitled for grant of bail.

Learned counsel for the respondent/State has vehemently opposed the prayer and submits that the applicant has a criminal antecedents and about 02 other criminal cases are registered against him.

Heard the learned counsel for both the parties.

Having considered rival submission, material pointed out by the learned counsel for the applicant, quantity of liquor seized from the possession of the applicant and also considering the fact that FSL report with regard to the nature of liquor has not been received, without expressing any opinion on the merits of the case, this Court is of the view that the applicant deserves to be enlarged on bail, hence the application is allowed.

It is directed that the applicant be released on bail upon his furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with a solvent surety in the like amount to the satisfaction of the concerned Court for his appearance before the Trial Court on all such dates as may be fixed in this behalf by the Trial Court during the pendency of trial. It is further directed that applicant shall comply with the provisions of Section 437 (3) of Cr.P.C.

This application is allowed and stands disposed of.

Certified copy, as per Rules.