Ghanshyam vs State Of Madhya Pradesh

Subodh Abhyankar, J

They are heard. Perused the case diary / challan papers.

This is first bail application filed by the applicant under Section 439 of Cr.P.C. as he is implicated in connection with Crime No.22/2023 registered at Police Station Tarana District Ujjain (MP) for offence punishable under Section 34(2) of the Madhya Pradesh Excise Act, 1915. The applicant is in custody since 07/03/2023.

Allegation against the applicant is that he was also involved in the aforesaid case wherein 72 bulk litres of unauthorized liquor has been seized from the possession of other four accused persons and it is alleged that the applicant was also present on the spot, however, he ran away at the time when the police apprehended the accused persons.

Counsel for the applicant has submitted that the charge sheet has already been filed, the applicant is in jail since 07/03/2023. It is further submitted that the offence is triable by Judicial Magistrate First Class and final conclusion of the trial is likely to take sufficient 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 and it is submitted that five more cases have also been registered against him, thus no case for grant of bail is made out, however, it is not denied that no case under the M.P. Excise Act has been registered against him and the other cases are minor in nature.

Having considered the rival submissions, perusal of the case diary and taking note of the fact that the charge sheet has already been filed, there are no criminal antecedents of the applicant under the M.P. Excise Act and the co-accused persons have already been granted bail and the final conclusion of the trial is likely to take sufficient 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.25,000/- (rupees twenty five 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.

Certified copy as per rules.