Ghanshyam vs State Of Madhya Pradesh

Rajendra Kumar Verma, J

This is first application filed by applicant Ghanshyam under Section 439 of Cr.P.C for grant of bail in connection with Crime No.131/2021 registered at

Police Station Rahatgarh District-Sagar for the offence punishable under Section 34(2) of the M.P. Excise Act, 1915.

As per the prosecution story, the allegation against the applicant is that from the joint possession of applicant and co-accused 88 bulk liters of country

made liquor was seized.

Learned counsel for the applicant submits that the applicant has been falsely implicated in the case. Similarly placed co-accused persons have already

been released on bail by a Co-ordinate Bench of this Court vide order dated 31.03.2021 passed in M.Cr.C.No.13755/2021 and vide order dated

31.03.2021 passed in M.Cr.C.No.13211/2021. Case of the present applicant is similar to the aforesaid co-accused persons, therefore, it has been

prayed that on the ground of parity applicant be released on bail.

Learned counsel for the respondent/State, on the other hand, has opposed the bail application.

Considering the overall facts and circumstances of the case and also the fact that similarly placed co-accused persons have already been released on

bail, I deem it appropriate to release the applicant on bail maintaining the parity with the co-accused persons, therefore, without commenting on the

merits of the case, the application is allowed.

It is directed that the applicant be released on bail on his furnishing a personal bond for the sum of Rs.30,000/- (Thirty thousand only) with a solvent

solvent surety in the like amount to the satisfaction of the trial court for securing his presence before the said Court on all the dates of hearing fixed in

this regard during trial and for complying with the conditions enumerated in sub-section (3) of Section 437 of Cr.P.C.

In view of the outbreak of 'Corona Virus disease (COVID-19)' the concerned jail authorities are directed to follow the directions/guidelines issued by

the Government of India with regard to COVID-19 before releasing the applicant.

Certified copy as per rules.