Kanha vs State Of Madhya Pradesh

Prakash Chandra Gupta, J

This is first application filed under Section 439 of Cr.P.C. for grant of bail to the applicant/accused, relating to FIR/Crime No.162/2023 dated (not mentioned) registered at Police Station Saadalpur, District Dhar (M.P.) for commission of offence punishable under Section 34(2) of the M. P. Excise Act. The applicant is in custody since 27.02.2023.

Prosecution story in brief is that, on 21.04.2023, the Police conducted a raid on receiving intimation from informer and it was found that near tower certain carton containing 207 bulk litres of country made liquor and foreign liquor was kept and looking to the police party, the accused persons ran away from the spot.

3 . Learned counsel for the applicant submits that the applicant/accused has not committed the offence and he has falsely been implicated in the case. Applicant has no criminal past and he is in custody since 27.02.2023. Co-accused Shravan has granted the anticipatory bail by this Court on 08.06.2023 passed in M.Cr.C. No.23908/2023. The offence is exclusively triable by the Judicial Magistrate First Class. The applicant is a student and his B.A. IInd Year examination is starting from tomorrow. Therefore, it is prayed that present applicant/accused be released on bail.

4 . On the other hand, learned counsel for the State has objected the prayer and prayed for its rejection.

Having considered the rival submissions and after perusal of the case diary so also considering the facts and circumstances of the case, this Court is of the view that applicant deserves to be enlarged on bail, hence, without commenting on the merits of the case, the application is allowed.

It is directed that applicant- Kanha shall be released on bail on his furnishing a personal bond for a sum of Rs.50,000/- (Rupees Fifty thousand only) alongwith one solvent surety in the like amount to the satisfaction of the concerned Court, for his appearance before the concerned Court regularly on all such dates as may be fixed in this regard during trial. It is further directed that applicant shall comply with the provisions of Section 437 (3) of Cr. P. C.

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

With the aforesaid, this application is allowed and stands disposed of. Certified copy, as per today.