Manoj vs State Of M.P

Subodh Abhyankar, J

This is the second application filed by the applicant under Section 439 Cr.P.C. for grant of bail during the trial.

The applicant is facing trial for offence punishable under Section 34(2) of the M.P. Excise Act, registered at Police Station-Excise Department Singoli,

Distrcit-Neemuch in Crime No.192/2021. The applicant is in jail since 08.1.2021.

Applicant's earlier bail application-M.Cr.C.No.5601/2021 has been dismissed as withdrawn by this Court vide order dated 26.3.2021.

The allegation against the applicant is that he was found in possession of 129.6 bulk liters of unauthorized foreign liquor.

Learned counsel has submitted that the applicant has been falsely implicated in the matter. It is further submitted that the applicant is in jail since

8.1.2021, there are no other registered against the applicant and the final conclusion of the trial is likely to take sufficiently long on account of COVID-

Thus, it is submitted that the bail application be allowed and the applicant be released on bail.

Learned counsel for the respondent / State, on the other hand, has opposed the prayer. However, it is not denied that there are no other case

registered against the applicant.

Having considered the rival submissions, on perusal of the case diary, taking note of the quantity of the liquor and the fact that the applicant is in jail

since 8.1.2021 and there are no other case registered against the applicant and the final conclusion of the trial is likely to take sufficiently long time in

the wake of fresh spread of COVID-19, this Court finds it expedient to allow the present bail application. Accordingly, the present application for

grant of bail is hereby allowed.

The applicant is directed to be released on bail on his furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One lac. only) with one surety in

the like amount to the satisfaction of the Trial Court for his appearance as and when directed. The applicant shall be abide by the conditions as

enumerated under Section 437(3) of Cr.P.C.

This order shall be effective till the end of the trial, however, in case of bail jump, it shall become ineffective.

Certified copy, as per rules.