Jitendra S/O Pirulal Chouhan vs State Of Madhya Pradesh

Subodh Abhyankar, J

This is the applicant's first bail application under Section 439 of Criminal Procedure Code, 1973. He is implicated in connection with Crime

No.124/2021 registered at Police Station Hatpipliya, District Dewas (MP) for offence punishable under Section 34 (2) of the Madhya Pradesh Excise

Act, 1915.

The applicant is in jail since 07.03.2021.

The allegations against the applicant are that he was found in possession of 60 bulk liters of unauthorized liquor.

Counsel for the applicant has submitted that the applicant has been falsely implicated in the case. The applicant is in jail since 07.03.2021. It is further

submitted that the final conclusion of the trial is likely to take sufficiently long time. Therefore, counsel has prayed for grant of bail.

Counsel for the State, on the other hand, has opposed the prayer and it is submitted that one more case has been registered against the applicant.

In rebuttal, counsel for the applicant has submitted that the aforesaid case under Sections 294, 323 and 506 of IPC was registered against the

applicant. However, he submits that no other case under Section 34 (2) of MP Excise Act has been registered against the applicant.

Having considered the rival submissions, taking note of the fact that the applicant is in jail since 07.03.2021 and the final conclusion of the trial is likely

to take sufficiently long time in the wake of fresh spread of COVID-19 and also taking note of the liquor which is 60 bulk liters, the application

deserves to be allowed.

Accordingly, without adverting to the merits of the case, the application filed by the applicant is hereby allowed. The applicant is directed to be

released on bail upon furnishing a personal bond in the sum of Rs.50,000/- (rupees fifty thousand) with one solvent surety of the like amount to the

satisfaction of the trial Court for his / her regular appearance before the trial Court during trial with a condition that he / she shall remain present

before the court concerned during trial and shall also abide by the conditions enumerated under Section 437 (3) Criminal Procedure Code, 1973.

It is also observed that if the applicant is found to be involved in any criminal activities, after his release on bail, then the present bail order shall stand

cancelled without further reference to this Court; and the State / prosecution will be free to arrest the accused in the present case also.

This order shall be effective till the end of the trial, however, in case of bail jump, it shall become ineffective.

Certified copy as per rules.