Kailash vs State Of Madhya Pradesh

Subodh Abhyankar, J

They are heard. Perused the case diary / challan papers.

This is first bail application filed by the applicant under Section 439 of Cr.P.C. as he is implicated in connection with Crime No.937/2022 registered at Police Station Aerodrome, District Indore (MP) for offence punishable under Sections 49(A) and 34 of the Madhya Pradesh Excise Act, 1915. The applicant is in custody since 29.12.2022.

The allegation against the applicant is that he was found in possession of 5 bulk litres of spurious liquor.

Counsel for the applicant has submitted that the charge sheet has been filed; the applicant is lodged in jail since 29.12.2022 and conclusion of the trial is likely to take sufficiently long time. In such circumstances, it is prayed that the application be allowed and the applicant be released on bail.

Counsel for the State, on the other hand, has opposed the prayer.

On due consideration of the rival submissions and on perusal of the case diary, this Court finds it expedient to allow the bail application. Accordingly, without reflecting anything on the merits of the case, the application filed under Section 439 of Cr.P.C. on behalf of the applicant is hereby allowed.

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

Certified copy, as per rules.