Dilip Singh And Others vs State Of Madhya Pradesh

Anil Verma, J

This is the first application filed by the applicants under Section 439 of Cr.P.C. for grant of regular bail relating to Crime No.613/2023 registered at Police Station Aerodrome, Indore (M.P.) for the offence under Section 34(2) of the M.P. Excise Act.

As per the prosecution story, 2084 bulk litres foreign and country-made liquor has been recovered from the possession of present applicants and co-accused persons without having any valid licence, during the search by the police. Accordingly, a case has been registered.

Learned counsel for the applicants contended that both the applicants are innocent and they have been falsely implicated in this matter. They are in custody since 5.9.2023. There is no legal evidence available on record to connect the applicants with the aforementioned offence. Co-accused Gopal has been enlarged on bail vide order dated 22.11.2023 passed in MCRC No.51601/2023 by this Court. Applicants are permanent resident of District Indore. Final conclusion of trial will take considerable long time. Hence, he prays that applicant be released on bail.

Per-contra, learned GA for respondent/State opposes the bail application and prays for its rejection, but he fairly admits that no criminal antecedent has been found against the present applicants.

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 applicants are in jail since 5.9.2023, co-accused Gopal has been enlarged on bail by this Court in the similar circumstances and final conclusion of trial will take considerable long time, I deem it proper to release the applicants on bail.

Accordingly, without commenting on the merits of the case, the application is allowed. It is directed that both the applicants be released on bail upon their furnishing a personal bond in the sum of Rs.70,000/- each with one solvent surety each in the like amount to the satisfaction of the trial Court for their appearance before the trial Court, as and when required. Applicants shall abide by the conditions enumerated u/S. 437(3) Cr.P.C.

C.C. as per rules.