Guman Rawat vs State Of Madhya Pradesh

Prem Narayan Singh, J

Heard and perused the record.

This is the first bail application filed on behalf of the applicant under Section 439 of the Code of Criminal Procedure for grant of bail. The applicant is arrested in relation to Crime No.79/2024, dated (not mentioned), registered at Police Station-Palsood, District- Barwani for the offence under Sections 34(2)of M.P. Excise Act, 1915. The applicant is in jail since 02.05.2024.

As per prosecution story, it is alleged that 60 bulk litres of illicit liquor has been seized from the possession of the applicant.

Learned counsel for the applicant submits that the applicant is innocent and has falsely been implicated in this case. The applicant is in jail since 02.05.2024. The case is triable by Judicial Magistrate First Class and final conclusion of trial will take sufficient long time. Under these circumstances, counsel prays for grant of bail to the applicant.

On the other hand, learned Govt. Advocate for the State has opposed the prayer and prayed for its rejection by submitting that the applicant is having criminal history.

After hearing learned counsel for the parties and custody period of the applicant, I am of the view that it is a case, in which applicant may be released on bail. Consequently, without commenting on the merits of the case, first bail application under Section 439 of the Code of Criminal Procedure for grant of bail filed on behalf of applicant, stands allowed.

It is directed that applicant 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 in 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 concerned Court on all the dates fixed by it during trial. He shall abide by all the conditions enumerated under Section 437(3) of Cr.P.C.

This order shall be effective till the end of the trial. However, in case of bail jump and breach of any of the conditions of bail, it shall become ineffective.

Certified copy as per rules.