Jagmohan vs State Of Madhya Pradesh And Others

Anil Verma, J

Applicants have filed this first bail application under Section 439 of the Code of Criminal Procedure, 1973 on behalf of the applicants for grant of regular bail relating to Crime No.56/2024 registered at P.S. Talen District-Rajgarh (M.P.) for commission of offence punishable under Section 34(2) of M.P. Excise Act. They are in jail since 01.04.2024.

2 . As per the prosecution story, the applicants were found to be in possession of 792 bulk litres of country made and foreign liquor, without having any valid license, during the search by police. Accordingly, a case has been registered.

Learned counsel for the applicants submits that applicants are innocent person and they have been falsely implicated in this matter. He further submits that there is no legal evidence available on record to connect the applicants with the aforementioned offence and no further custodial interrogation is required. Offence is triable by Judicial Magistrate First Class. Applicants are in jail since 01.04.2024. They are a permanent resident of District Ragarh. Final conclusion of trial will take considerable long time. Under the above circumstances, prayer for grant of bail may be considered on such terms and conditions, as this Court deems fit and proper.

4 . Per-contra, learned counsel for respondent/State opposes the bail application and prays for its rejection by submitting that applicant Jagmohan has criminal antecedents but applicant Lokendra have no criminal antecedents.

Perused the case diary as well as the impugned order of the court below.

6 . Considering all the facts and circumstances of the case, arguments advanced by counsel for the parties, nature and gravity of allegation as also taking note of the fact that applicants are in jail since 01.04.2024; offence is exclusively triable by JMFC and final conclusion of trial will take considerable long time. In these circumstances, I deem it proper to release the applicants on bail. Therefore, without commenting on the merits of the case, the application is allowed.

It is directed that the applicants be released on bail upon their furnishing a personal bond in the sum of Rs.70,000/- (Rupees Seventy Thousand only)each with separate sureties each in the like amount to the satisfaction of the trial Court for their appearance before the trial Court, as and when required. They shall abide by the conditions enumerated u/S. 437(3) Cr.P.C.

Certified copy as per rules.