Lakhan @ Lakhansingh vs State Of M.P

Rajendra Kumar Verma, J

This is first application under section 439 of Cr.P.C. for grant of bail on behalf of the applicant, who is in custody since 04/01/2022 in connection with

Crime No.681/21, registered at Police Station â€" Kanadiya, Indore, District â€" Indore (M.P.), for the offence punishable under section 34(2) of

M.P. Excise Act, 1915 and under Sections 482, 483 and 403 of IPC.

According to the prosecution case, 72 bulk liters of illicit liquor was seized from the possession of co-accused Aslam Shaik. It is alleged that the

present applicant has been implicated on the basis of memorandum of co-accused recorded under Section 27 of the Evidence Act. On this basis, a

case has been registered against the applicant.

Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. There is no legal evidence to

connect the present applicant with the aforementioned offence. The present applicant is made accused only on the basis of memorandum of co-

accused Aslam Shaikh recorded under Section 27 of the Evidence Act from whose possession the alleged liquor has been seized. The applicant is in

custody since 04/01/2022. Charge-sheet has been filed. The conclusion of trial will take sufficient time. On the aforesaid grounds, prayer is made to

release the applicant on bail.

Learned Panel Lawyer has opposed the application and prayed for its rejection, but he fairly submitted that the applicant has been implicated only on

the basis of memorandum of co-accused Aslam Shaikh recorded under Section 27 of the Evidence Act.

Looking to the facts and circumstances of the case, on a perusal of the material available on record including the case diary, without commenting on

the merits of the case, this application is allowed.

It is directed that the applicant/accused be released on bail on his furnishing a personal bond in the sum of Rs.50,000/-(Rupees Fifty Thousand Only)

with one solvent surety in the like amount to the satisfaction of the trial court for securing his presence before the said Court on all the dates of

hearing fixed in this regard during trial. It is also directed that the applicant shall comply with the provisions of Section 437(3) Cr.P.C.

In view of the outbreak of 'Corona Virus disease (COVID-19)' the concerned jail authorities are directed to follow the directions/guidelines issued by

the Government with regard to 'COVID-19' before releasing the applicant.

This order shall remain effective till the end of the trial but in case of bail jump and breach of any of the pre-condition of bail, it shall become

ineffective and cancelled without reference to this Bench.

Certified Copy as per rules.