Mobin vs State Of Madhya Pradesh

This is first application under Section 439, Cr.P.C. for grant of bail in connection with Crime No. 125/2020, registered at Police Station-Vijay Nagar,

District-Indore for commission of the offence under Section 34(2) of the M.P. Excise Act, 1915.

As per prosecution story, on the basis of secret information, police recovered 63 bulk liters of country made liquor from the possession of co-accused-

Subham. The applicant has been implicated in the present crime on the basis that at the time of alleged incident, he was driving the vehicle, in which

said country made liquor was being transported by co-accused-Subham .

Learned counsel for the applicant submitted that the applicant is innocent and he has falsely been implicated in the present crime. The applicant is not

having any criminal antecedents. No liquor has been recovered from the possession of the applicant. The allegation against the applicant is that at the

time of alleged incident, he was driving the vehicle, in which 63 bulk liters of country made liquor was being transported by co-accused-Subham. The

applicant is not having any criminal antecedents. The applicant is in custody since 01/02/2020 and he is not required for further custodial interrogation.

Conclusion of trial will take considerable time. The case registered against the applicant is triable by Judicial Magistrate First Class. Learned counsel

for the applicant also assured that in future the applicant will not faulted with the provision of Section 59(A) of the M.P. Excise Act. Under these

circumstances, he prays for grant of bail to the applicant.

Learned Public Prosecutor submits that no sufficient ground is made out for releasing the applicant on bail, hence the application filed by the applicant

be dismissed.

Considering the facts and circumstances of the case and the arguments advanced by learned counsel for the parties, but without commenting on the

merits of the case, the application filed by the applicant is allowed. The applicant is directed to 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 of the like amount to the satisfaction of the

trial Court for his regular appearance before the trial Court during trial with a condition that he shall remain present before the court concerned during

trial and shall also abide by the conditions enumerated under Section 437(3) Cr.P.C.

In case of bail jump this order shall become ineffective.

Certified copy as per rules.