Kailash vs State Of M.P

Sujoy Paul, J

This is first application filed under Section 439 of the Cr.P.C. seeking bail arising out of Crime No.17/2021 under Section 34(2) of M.P. Excise Act

registered at Police Station â€" Rampura, District â€" Neemuch(M.P.)

Learned counsel for the applicant submits that as per prosecution story, 60 bulk litre of illicit liquor is allegedly recovered from the present applicant.

The applicant has been falsely implicated in the case. The applicant has no criminal record. Applicant submits that chalan has been filed and the

applicant is in custody since 27/01/2021. Thus, the applicant may be enlarged on bail.

The prayer is opposed by the learned Panel Lawyer. However, he did not dispute that the challan has been filed and the applicant has no criminal

record in relation to Section 34(2) of the M.P. Excise Act.

Considering the nature of accusation, quantity of liquor coupled with the fact that chalan has been filed and custodial interrogation of the applicant is

no more required, without commenting on the merits of the case, I deem it appropriate to allow the present petition.

Consequently, the application of the applicant filed under Section 439 of the Cr.P.C. is hereby allowed. It is directed that the applicant be released on

bail on his furnishing personal bond in the sum of Rs.35,000/-(Rupees Thirty Five Thousand) with one solvent surety in the like amount to the

satisfaction of the trial Court and on the condition that he shall remain present before the Court concerned during the trial and also comply with the

conditions enumerated under Section 437(3) of the Cr.P.C.