Kanha @ Bhagwan Singh S/O Moolchand Solanki vs State Of M.P

Vivek Rusia, J

This is first application filed under section 439 Cr.P.C seeking bail in connection with Crime No.222/2020 registered at police station Gautampura,

district Indore for the offence punishable under section 34(2) of the M.P Excise Act.

As per prosecution case co-accused Vishnu was apprehended and recovered 63 bulk liters of illicit country made liquor from his possession. His

statement was recorded under section 161 Cr.P.C in which he has disclosed the name of the present applicant from whom he has purchased the said

liquor. Accordingly, the applicant was also made accused in this case and arrested him on 19.12.2020.

Learned counsel for the applicant submits that the applicant has been falsely implicated in this case on the basis of the memorandum statement of co-

accused Vishnu recorded under section 161 Cr.P.C which is not admissible in evidence. The applicant has no criminal antecedents. He is in custody

since 19.12.2020. The offence is triable by Magistrate. The investigation is complete and charge sheet has been filed. There is no likelihood of early

conclusion of the trial, hence prayed for release of the applicant on bail.

Prayer is opposed by the learned counsel for the respondent/State.

Case-diary perused.

Taking into consideration the quantity of contraband alleged to have been recovered from the co-accused coupled with the fact that the applicant has

no criminal antecedents, without commenting on the merit of the case, the application is allowed and the applicant is directed to be released on bail

upon his furnishing personal bond in the sum of Rs.40,000/- (Rupees Forty Thousand) with one surety in the like amount to the satisfaction of the trial

Court for his appearance before the trial Court on all such dates as may be fixed in this behalf by the trial Court during the pendency of trial and shall

also abide by the conditions enumerated under section 437(3) Cr.P.C.

Before releasing the applicant from the custody the jail authorities are directed to medically examine him in order to rule out the possibility of COVID

-19 infections and shall comply with the direction given by the Hon'ble Apex Court in Writ Petition No. 1/2020.

C.c as per rules.