Lakhan vs State Of Madhya Pradesh

Prakash Chandra Gupta, J

Heard with the aid of case diary.

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.55/2024 dated (not mentioned) registered at Police Station : Barud District Khargone (M.P.) for commission of offence punishable under Section 34(2) of the M.P. Excise Act, 1915.

Prosecution story, in brief is that on 23.03.2024, co-accused Santosh was found having and transporting 80 bulk litres of liquor in a pick up bearing registration No.MP-41-GA-3487, without having any license or authority. The police had seized the aforesaid liquor and pick up from the possession of applicant. Accordingly, a crime was registered against him. During investigation, it was found that present applicant is registered owner of the aforesaid vehicle.

Learned counsel for the applicant submits that the applicant/accused has not committed the offence and he has falsely been implicated in the case. It is submitted that applicant has already sold the aforesaid vehicle to co-accused Santosh by sale agreement dated 13.04.2023. He is in custody since 18.05.2024. He has no criminal past. After completion of investigation, charge-sheet has been filed. Trial will take sufficient long time for its disposal, therefore, it is prayed that present applicant/accused be released on bail.

4 . On the other hand, learned counsel for the non-applicant/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 - Lakhan shall be released on bail on his furnishing a personal bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) with 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 Rules.