Mithun & Dharmendra vs State Of M.P

Vivek Rusia, J

This is first application filed under section 439 Cr.P.C seeking bail in connection with Crime No.30/2021 registered at police station Tonk Khurd,

district Dewas for the offence punishable under section 34(2) of the M.P Excise Act.

As per prosecution case 70 bulk liters of country made illicit liquor has been recovered from the possession of the applicant.

Learned counsel for the applicant submits that applicant has been falsely implicated in the offence. So far as Excise Act is concerned, there is no

criminal antecedents against him. He is in custody since 09.06.2021. The offence is triable by Magistrate. The investigation is complete. There is no

likelihood of early conclusion of the trial, hence prayed for release of the applicant on bail.

Prayer is opposed by the learned counsel for the respondent/State.

Case-diary perused.

Taking into consideration the quantity of contraband alleged to have been recovered from the applicant coupled with the fact that there is no criminal

antecedents against him, without commenting on the merit of the case, the application is allowed with conditions. The trial Court is directed to verify

the criminal antecedents in respect of Excise Act, if any, of the applicant. If the applicant has no criminal antecedents in respect of the Excise Act, he

shall be released on bail upon his furnishing personal bond in the sum of Rs.40,000/- (Rupees Forty Thousand) with one surety in the like amount to the

satisfaction of the trial Court for his appearance before the trial Court on all such dates as may be fixed in this behalf by the trial Court during the

pendency of trial and shall also abide by the conditions enumerated under section 437(3) Cr.P.C. It is made clear that if the applicant has any criminal

antecedents in respect of the Excise Act, this order granting the benefit of bail shall be treated as cancelled.

Before releasing the applicant from the custody the jail authorities are directed to medically examine him in order to rule out the possibility of COVID

-19 infections and shall comply with the direction given by the Hon'ble Apex Court in Writ Petition No. 1/2020.

C.c as per rules.