Manoj vs State Of Madhya Pradesh

Anil Verma, J

Applicant has filed this first bail application under Section 439 of the Code of Criminal Procedure, 1973 on behalf of the applicant for grant of regular bail relating to Crime No.1156/2023 registered at P.S. Jhabua, District Jhabua (M.P.) for commission of offence punishable under Sections 34(2) and 36 of M.P. Excise Act. He is in jail since 15.09.2023.

As per prosecution story, on 15.09.2023, police received a discrete information from the informant. Acting upon said information, police party reached on the spot and intercepted the car bearing registration No.GJ-22-A- 1466. On search by the police, 60 bulk litres of country-made liquour has been recovered from the joint possession of present applicant and co-accused. Accordingly, offence has been registered.

Learned counsel for the applicant submits that applicant is 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. Applicant is in jail since 15.09.2023. He is a permanent resident of District Jhabua. 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 respondent/State opposes the bail application and prays for its rejection by submitting that as many as three criminal antecedents have been found against the present applicant. He is a habitual offender. Hence, he does not deserve for bail.

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 both the parties, nature and gravity of allegation as also taking note of the fact that the applicant is in jail since 15.09.2023; offence is exclusively triable by JMFC and final conclusion of trial will take considerable long time, I deem it proper to release the applicant on bail.

Accordingly, 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.

Certified copy as per rules.