Ishaq @ Rashid And Others vs State Of Madhya Pradesh And Others

Dinesh Kumar Paliwal, J

These are first bail application filed by the applicants under Section 439 of the Cr.P.C. for grant of regular bail relating to FIR No. 90/2023 dated 25.02.2023 registered at Police Station-Chhapara, District-Seoni for the offence under Sections 34(2) of Excise Act. Applicants Chandrabhan Kumre @ Manju, Diwan Ji @ Pintu Gupta and Ishaq @ Rashid are in detention since 26.02.2023 and applicant Ashok Kumar Malviya is in detention since 25.02.2023.

As per the prosecution case, on 24.02.2023, on receiving an information from an informant, police of concerned P.S. seized 90 b ulk liter country made liquor from the possession of the applicants.

Learned counsel for the applicants submitted that Applicants are innocent. They have been falsely implicated. The have not committed any offence and nothing has been seized from their possession. The trial of the case will take considerable time. Therefore, it has been prayed that the applicants be released on bail pending the trial.

On the other hand, learned counsel for the State has opposed the grant of bail to the applicants.

Having taken into consideration all the facts and circumstances of the case and the fact that trial of the case will take considerable time, I am inclined to release the applicants on bail. Consequently, these first bail applications under Section 439 of the Code of Criminal Procedure for grant of bail filed on behalf of applicants, stands allowed.

I t is directed that applicants-Ishaq @ Rashid, Diwan Ji @ Pintu Gupta, Ashok Kumar Malviya and Chandrabhan Kumre @ Manju Kumre be released on bail on their furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty thousand only) each with one solvent surety each 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 they shall remain present before the concerned Court on all the dates fixed by it during trial. They 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.