Jitendra vs State Of M.P

Subodh Abhyankar, J

This is the first application filed by the applicant under Section 439 Cr.P.C. for grant of bail during the trial.

The applicant is facing trial for offence punishable under Section 34(2) of the M.P. Excise Act registered at Police Station-Excise Department, Cell-B,

Mhow, District-Indore in Crime No.681/2020. He is in jail since 19.12.2020.

The allegation against the applicant is that total 68.4 bulk liters of unauthorized liquor was recovered from the joint possession of the applicant and the

co-accused person.

Learned counsel for the applicant has submitted that the applicant is in jail since 19.12.2020 and charge sheet has already been filed. He has further

submitted that conclusion of the trial will take a sufficient long time on account of COVID-19 situation. Hence, it is submitted that the bail application

be allowed.

Learned counsel for the State on the other hand has opposed the prayer and submitted that there is one more case registered registered against the

applicant under Section 34(1) (a) of the M.P. Excise Act. However, it is not denied that there is no case registered against the applicant under Section

34(2) of the M.P. Excise Act.

Having considered the rival submissions, on perusal of the case diary and taking note of the fact that the charge sheet has already been filed, there is

no case registered under Section 34(2) of the M.P. Excise Act and also the fact that final conclusion of the trial will take a sufficient long time, I am

of the considered view that the application for grant of bail deserves to be allowed and is accordingly allowed.

The applicant is directed to be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with

one surety in the like amount to the satisfaction of the Trial Court for his appearance as and when directed.

It is also directed that the applicant will attend each hearing of his trial before the Trial Court out of which this bail arises. Any default in attendance in

Court would result in cancellation of the bail granted by this Court. It is made clear that if the applicant is found involved in any other criminal activity,

then this bail order shall stand automatically vacated without reference to the Court.

It is also directed that the applicant will abide by all the conditions enumerated under Section 437(3) of the Cr.P.C.

Certified copy as per rules.