Mokam vs State Of Madhya Pradesh

Anil Verma, J

This is the first application filed by the applicant under Section 439 of Cr.P.C. for grant of regular bail relating to Crime No.254/2023 registered at Police Station Bistan, District Khargone (M.P.) 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 351 bulk litres country-made liquor unauthorisedly and illegally during the search by police. Accordingly, a case has been registered.

Learned counsel for the applicant contended that applicant is innocent and he has been falsely implicated in this matter. He is in custody since 11.9.2023. There is no legal evidence available on record to connect the applicant with the aforementioned offence. He is a permanent resident of District Shajapur. Final conclusion of trial will take considerable long time. Hence, he prays that applicant be released on bail.

Per-contra, learned GA for respondent/State opposes the bail application and prays for its rejection, but he fairly admits that no criminal antecedent has been found against the present applicant.

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 11.9.2023, he is not having any criminal background and final conclusion of trial will take considerable long time, 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/- 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.

C.C. as per rules.