Kailash vs State Of Madhya Pradesh

Anil Verma, J

This is the 1st application filed by the applicant under Section 439 of Cr.P.C. for grant of regular bail relating to Crime No.129/2024 registered at Police Station Balakwada, District Khargone for the offence under Section 34(2) of the M.P. Excise Act.

As per the prosecution story, on 25.3.2024 P.S. Balakwada received secret information from the informant regarding illegal transportation of liquor. Acting upon the said information police party reached on the spot and intercepted the motorcycle bearing registration No. MP69-ZB-3991 which was being driven by the co-accused Dinesh. During the search police recovered 140 bulk litres illicit country-made liquor (Taadi) from the possession of Dinesh. Present applicant has been made accused on the basis of memorandum statement given by the co-accused Dinesh. Accordingly a case has been registered.

Learned counsel for the applicant contended that applicant is innocent and he has been falsely implicated in this matter. He is in custody since 27.5.2024. There is no legal evidence available on record to connect the applicant with the aforementioned offence. Present applicant has been made accused on the basis of memorandum statement given by the co-accused Dinesh. Co-accused Dinesh has been enlarged on regular bail by this Court vide order dated 22.4.2024 passed in MCRC No.16028/2024 in the similar circumstances. Applicant is a permanent resident of District Alirajpur. Final conclusion of trial will take considerable long time. Hence, he prays that applicant be released on bail.

Per-contra, learned GA for respondent/State opposes the bail application and prays for its rejection, but he fairly admits that no criminal antecedent has been found against the present applicant.

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

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 the applicant is in jail since 27.5.2024, co-accused Dinesh has already been enlarged on bail by this Court, no criminal antecedent has been found against the present applicant and final conclusion of trial will take considerable long time, I deem it proper to release the applicant on bail.

Accordingly, without commenting on the merits of the case, the application is allowed. It is directed that the applicant be released on bail upon his furnishing a personal bond in the sum of Rs.70,000/- with one solvent surety in the like amount to the satisfaction of the trial Court for his appearance before the trial Court, as and when required. He shall abide by the conditions enumerated u/S. 437(3) Cr.P.C.

C.C. as per rules.