Gopal vs State Of Madhya Pradesh

This is first application under Section 439, Cr.P.C. for grant of bail in connection with Crime No. 370/2019, registered at Police Station-Susner,

District-Agar for commission of the offence under Section 34(2) of the M.P. Excise Act, 1915.

As per prosecution story, on the basis of secret information, police intercepted vehicle bearing registration No. MP-70-B-266, which was driven by co-

accused-Sanjay @ Sanju and applicnt was sitting in the said vehicle. During search of the vehicle, 69.12 bulk liters of country made liquor has been

seized from the possession of the applicant. Thereafter, they were arrested by the police and implicated in the present crime.

Learned counsel for the applicant submitted that neither any liquor has been recovered from the possession of the applicant nor he is the owner of the

vehicle, in which alleged liquor was being transported. The applicant has been implicated in the present crime only on the basis of disclosure statement

of co-accused-Sanjay @ Sanju recorded under Section 27 of the Indian Evidence Act, which is not a legal evidence. The applicant is not having any

criminal antecedents. The applicant is in custody since 03/02/2020. Investigation is over and charge-sheet has been filed. Conclusion of trial will take

considerable time. The case registered against the applicant is triable by Judicial Magistrate First Class. Learned counsel for the applicant also assured

that in future the applicant will not faulted with the provision of Section 59(A) of the M.P. Excise Act. Under these circumstances, he prays for grant

of bail to the applicant.

Learned Public Prosecutor submits that no sufficient ground is made out for releasing the applicant on bail, hence the application filed by the applicant

be dismissed.

Considering the facts and circumstances of the case and the arguments advanced by learned counsel for the parties, but without commenting on the

merits of the case, the application filed by the applicant is allowed. The applicant is directed to be released on bail on his furnishing a personal bond in

the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety of the like amount to the satisfaction of the trial Court for his regular

appearance before the trial Court during trial with a condition that he shall remain present before the court concerned during trial and shall also abide

by the conditions enumerated under Section 437(3) Cr.P.C.

In case of bail jump this order shall become ineffective.

Certified copy as per rules.