Dinesh vs State Of Madhya Pradesh

This first application under Section 439 of Criminal Procedure Code, 1973 has been filed by applicants, who are implicated in connection with Crime

No.34/2020 registered at Police Station Neemuch City, District Neemuch (MP) for offence punishable under Section 34 (2) of the Madhya Pradesh

Excise Act, 1915.

The applicants are in custody since 22.01.2020. As per prosecution story, on the basis of source information, 60 bulk liters of country made liquor has

been seized from the joint possession of the present applicant; and hence, the present case has been registered against them.

Learned counsel for the applicants has submitted that the applicants are innocent and they have falsely been implicated in the present crime. 60 bulk

liters of country made liquor alleged to have been recovered from the joint possession of the applicants. The applicants are not having any criminal

antecedents. The applicants are in custody since 22.01.2020. The investigation is over and charge sheet has already been filed. There is no possibility

of their absconsion or tempering the evidence, if enlarged on bail. The offence registered against the applicants is triable by Judicial Magistrate First

Class. Learned counsel for the applicants assured that in future applicants will not be faulted with the provision of Section 59 (A) of the M.P. Excise

Act, 1915. Conclusion of the trial will take sufficiently long time. Under these circumstances, learned counsel for the applicants prays for grant of bail

to the applicants.

Learned Public Prosecutor for the non-applicant / State of Madhya Pradesh submits that no sufficient ground is made out for releasing the applicants

on bail, hence the application filed by the applicants be dismissed.

Considering the facts and circumstances of the case and the arguments advanced by learned counsel for the parties, but without commenting on the

merits of the case, the application filed by the applicants is allowed. The applicants are directed to be released on bail upon each of them furnishing a

personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety of the like amount to the satisfaction of the trial Court

for their regular appearance before the trial Court during trial with a condition that they shall remain present before the court concerned during trial

and shall also abide by the conditions enumerated under Section 437 (3) Criminal Procedure Code, 1973.

This order shall be effective till the end of the trial, however, in case of bail jump, it shall become ineffective.

Certified copy as per rules.