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Judgment
8 paragraphs · 371 wordsAnil Verma, J
Applicant has filed this first bail application under Section 439 of the Code of Criminal Procedure, 1973. He is in Jail since 20.02.2023 in connection with Crime No.1042/2023 registered at P.S. Excise Police Circle Anjad, District Barwani (M.P.) for commission of offence punishable under Sections 34(2) and 34(1)A of the M.P. Excise Act.
As per prosecution story, the applicant was found to be in possession of 60 bulk litres country-made liquor unauthorisedly and illegally during the search by police. Accordingly, a case has been registered.
Learned counsel for the applicant submits that applicant is innocent and he has been falsely implicated in this matter. He further submits that there is no legal evidence available on record to connect the applicant with the aforementioned offence and no further custodial interrogation is required. Applicant is in jail since 20.02.2023. He is a permanent resident of District Barwani. Final conclusion of trial will take considerable long time. Hence, he prays that applicant be released on bail.
Per-contra, learned counsel for respondent/State opposes the bail application and prays for its rejection by submitting that 05 criminal antecedents have been found against the present applicant and all the cases are related with the M.P. Excise Act. Applicant is a habitual offender. Hence, he does not deserve for bail.
Perused the case diary as well as the impugned order of the court below. Considering all the facts and circumstances of the case, arguments advanced by counsel for the parties, nature and gravity of allegation as also taking note of the fact that the applicant is in jail since 20.02.2023, offence is exclusively triable by JMFC and final conclusion of trial will take considerable long time, I deem it proper to release the applicant on bail.
Accordingly, without commenting on the merits of the case, the application is allowed. It is directed that the applicant be released on bail upon his furnishing a personal bond in the sum of Rs.70,000/- (Rs. Seventy Thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court for his appearance before the trial Court, as and when required. He shall abide by the conditions enumerated u/S. 437(3) Cr.P.C.
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