Dinesh S/O Chunnilal vs State Of M.P

Subodh Abhyankar, J

This is applicant’s first bail application filed under Section 439 of Cr.P.C. The applicant is implicated in connection with Crime No.109/2021

registered at Police Station-Rau, District- Indore (MP) for offence punishable under Section 34(2) of the Madhya Pradesh Excise Act, 1915. The

applicant is in custody since 04.05.2021.

As per prosecution story, 198 bulk litres of unauthorized liquor has been seized from the possession of the other co-accused persons viz; Rahul and

Ajay.

Counsel for the applicant has submitted that the applicant has been falsely implicated in the case on the basis of the memo prepared under Section 27

of the Evidence Act only and there are no other case registered against the applicant. Counsel has further submitted the other co-accused persons viz;

Rahul and Ajay have already granted bail by this Court vide common order dated 28.4.2021 passed in M.Cr.C.No.19982/2021. It is further submitted

that the applicant is in jail since 04.5.2021; charge sheet has been filed and the offence is triable by Judicial Magistrate First Class and final conclusion

of the trial is likely to take sufficiently long time, therefore, it is prayed that the application be allowed and the applicant be released on bail

Counsel for the respondent / State, on the other hand has opposed the prayer, however, it is not denied that the applicant has no criminal antecedents.

Having consideration rival submissions, perusal of the case diary, this Court finds forced with the contention raised by the counsel for the applicant and

taking note of the fact that there are no criminal antecedents of the applicant and the final conclusion of the trial is likely to take sufficiently long time

without reflecting anything on the merits of the case, the application filed by under Section 439 of Cr.P.C. on behalf of the applicant is hereby allowed.

The applicant is directed to be released on bail upon furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand) with one solvent

surety of the like amount to the satisfaction of the trial Court for his/her regular appearance before the trial Court during trial with a condition that he /

she 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.

It is made clear that if the applicant is again found to be involved in any other offence during the trial, this order shall stand cancelled automatically

without reference to the Court and the police will be at liberty to arrest the applicant in the present case also.

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.