Kamlesh 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-Udaigarh, District-Alirajpur

in Crime No.342/2020. He is in jail since 9.09.2020.

The allegation against the present applicant is that he is found in possession of 72 bulk liters of illicit country made liquor.

Learned counsel for the applicant has submitted that the applicant is in jail since 9.9.2020 and the charge sheet in the present case has already been

filed. It is further submitted that the trial is triable by Judicial Magistrate First Class and conclusion of the trial is likely to take sufficient long time. He

also submitted that there are no criminal antecedents registered against the present applicant.

Learned counsel for the State has opposed the bail application. However, it is not denied that there are no criminal antecedents against the applicant.

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

the fact that there are no other case registered against the applicant 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.50,000/- (Rupees Fifty 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 further 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.