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Judgment
9 paragraphs · 289 wordsG.S. Ahluwalia, J
This first application under Section 439 of Cr.P.C. has been filed for grant of bail.
The applicant has been arrested on 24/11/2021 in connection with Crime No.423/2021 registered at Police Station Ambah, District Morena for offence under Section 34(2) of M.P. Excise Act.
It is submitted by the counsel for the applicant that according to the prosecution case 95.040 liters of English liquor was seized from the vehicle of the applicant. It is submitted that the applicant was not arrested on the spot. He has been implicated merely because he is the owner of the vehicle. The police after completing the investigation has filed the charge-sheet. The applicant has no criminal history. The Trial is likely to take sufficiently long time and there is no possibility of his absconding or tampering with the prosecution case.
Per contra, the application is vehemently opposed by the counsel for the State.
Considering the facts and circumstances of the case, without commenting on the merits of the case, the application is allowed. It is directed that the applicant be released on bail on furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac) with one surety in the like amount to the satisfaction of the Trial Court/Committal Court to appear before the Court on the dates given by the concerned Court.
This order shall remain effective till the end of trial but in case of bail jump, it shall become ineffective.
In the light of the judgment passed by the Supreme Court in the case of Aparna Bhat and others Vs. State of M.P. Passed on 18.03.2021 in Criminal Appeal No. 329/2021, the intimation regarding grant of bail be sent to the complainant.
Certified copy as per rules.