Dinesh Puri vs State Of MP

Satyendra Kumar Singh, J

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 20/10/2021 in connection with Crime No.574/2021 registered at Police station Aerodrome District Indore for commission of offence punishable under Sections 49A and 34 of M.P. Excise Act.

Prosecution story, in brief, is that applicant was found having Five bulk liters of spurious country made liquor in his illegal possession without valid licence or authority.

Learned counsel for the applicant submits that nothing has been seized from the possession of the applicant. There is nothing on record on the basis of which it can be said that liquor said to be seized from the possession of the applicant is unfit for human consumption. Applicant has been falsely implicated in the matter. Applicant is in custody since 20.10.2021. Trial will still take time for its conclusion. Hence, prayer is made to enlarge the applicant on bail.

Learned counsel for respondent/State opposes the prayer for grant of bail to the applicant and submits that applicant has criminal antecedents and about 12 other criminal cases are registered against him out of which five cases are under the M.P. Excise Act, therefore, he be not enlarged on bail.

Having considered the rival submissions,quantity of liquor seized from the possession of the applicant and also considering the other facts and circumstances of the case, this Court is of the view that the applicant deserves to be enlarged on bail, hence, without commenting anything on the merits of the case, the application is allowed.

It is directed that the applicant is directed to be released on bail upon his furnishing personal bond in the sum of Rs.40,000/- (Rupees Forty 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.

In view of the outbreak of 'Corona Virus disease (COVID-19)' the concerned Jail Authority is directed to follow the directions/guidelines issued by the Government with regard to COVID-19 before releasing the applicant.

This M.Cr.C. stands allowed and disposed of.

C. C. as per rules.