Ganesh vs State Of M.P

Anjuli Palo, J

This is the first application filed by the applicant - Ganesh under Section 439 of the Cr.P.C. seeking regular bail.

The applicant is in custody since 24.08.2021 in connection with Cri me No.471/2021 registered at Police Station- Excise Circle Khandwa, District Khandwa (M.P.) for the offence punishable under Section 34(2) of the M.P. Excise Act, 1915.

A s per prosecution's case, about 55 bulk liters of country made liquor was seized from the possession of the applicant.

Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the case. The applicant is in custody since 24.08.2021. He has no criminal antecedent and there is no hope of conclusion of trial in near future on account of situation created due to COVID-19 pandemic, therefore, he may be released on bail. Learned Panel Lawyer for the State has opposed the application. Considering the quantity of liquor alleged to have been seized from the possession of the applicant and period of his custody, I deem it appropriate to release the applicant on bail, therefore, without commenting on the merits of the case, the application is allowed.

It is directed that applicant Ganesh shall be released on bail on his furnishing a personal bond in a sum of Rs.40,000/- (Rupees Forty Thousand Only) with one surety in the like amount to the satisfaction of the trial Court concerned for his appearance before the said Court on all such dates as may be fixed in this regard during the pendency of trial.

It is further directed that the applicant shall comply with the provisions of Section 437(3) of the Cr.P.C.

It is made clear that if the applicant is found involved in similar offence in future, this order shall become ineffective.

Accordingly, the application is allowed and disposed of.

Certified copy as per rules.