Lakhan Singh vs State Of Madhya Pradesh

Anil Verma, J

This is the first bail application filed under Section 439 of Cr.P.C. filed by the applicant under Section 439 of Cr.P.C. for grant of bail relating to FIR No. 383/2023 registered at Police Station- Depalpur District Indore for the offence under Section 34 (2) of the M.P. Excise Act.

As per the prosecution story, the applicant was found to be in possession of 99 litre liquor unauthorisedly and illegally during the search by police. Accordingly, a case has been registered.

Learned counsel for the applicant submits that applicant is an innocent person and he has been falsely implicated in this matter. He further submits that there is no legal evidence available on record to connect the applicant with the aforementioned offence and no further custodial interrogation is required. Offence is triable by Judicial Magistrate First Class. Applicant is in jail since 8.11.2023. He is permanent resident of District Indore and final conclusion of trial will take considerable long time. Under the above circumstances, prayer for grant of bail may be considered on such terms and conditions, as this Court deems fit and proper.

Per-contra, learned counsel for the respondent/State opposes the bail application and prays for its rejection but he fairly admits that applicant has no criminal past.

Perused the case diary as well as the impugned order of the court below.

Considering all the facts and circumstances of the case, arguments advanced by counsel for the parties, nature and gravity of allegation as also taking note of the fact that the applicant is in jail since 8.11.2023; offence is exclusively triable by JMFC; applicant has no criminal past and final conclusion of trial will take considerable long time. Hence, I deem it proper to release the applicant on bail.

Accordingly, without commenting on the merits of the case, the application is allowed. It is directed that the applicant be released on bail upon his furnishing a personal bond in the sum of Rs.70,000/- (Rupees Seventy Thousand Only) with one solvent surety in the like amount to the satisfaction of the trial Court for his appearance before the trial Court, as and when required. He shall abide by the conditions enumerated u/S. 437(3) Cr.P.C.

CC as per rules.