Monti Alias Prashant Jain vs State Of M.P.

G.S. Ahluwalia, J

This first application under Section 439 of Cr.P.C. has been filed for grant of bail.

The applicant has been arrested on 11.01.2022 in connection with Crime No.36/2022 registered by Police Station Janakganj Distt. Gwalior for offence

punishable under Section 49-A of M.P. Excise Act.

It is submitted by the counsel for the applicant that according to the prosecution case, 5 litres of country made liquor has been seized from the

possession of the applicant and according to prosecution, the same is unfit for human consumption. It is submitted that although the applicant has a

criminal history, but no offence under NDPS or MP Excise Act was ever registered against him. In view of criminal antecedents, he is ready and

willing to abide by any stringent condition which may be imposed by this Court. The Trial is likely to take sufficiently long time and there is no

possibility of his absconding or tampering with the prosecution case.

Per contra, the application is opposed by the counsel for the respondent/State. It is submitted that investigation is still pending and FSL report has not

been received. It is further submitted that applicant has a criminal history and four more criminal cases have been registered against him. However, he

fairly conceded that heinous offence has not been registered against the applicant so far except one offence under Section 394 of IPC.

Considering the facts and circumstances of the case, without commenting on the merits of the case, the application is allowed. It is directed that the

applicant be released on bail on furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac) with one surety in the like amount to the

satisfaction of the Trial Court/Committal Court to appear before the Court on the dates given by the concerned Court.

It is further directed that the applicant shall appear before the S.H.O. Police Station Janakganj, District Gwalior on 1st of every month during the

pendency of the Trial. In case of bail jump or non-appearance of the applicant before the police station as directed by this Court, this order shall lose

its effect.

It is made clear that after the FSL report is received, if it is found that the liquor seized from the possession of the applicant is unfit for human

consumption, then this order shall lose its effect and the applicant shall be under obligation to immediately surrender before the Trial Court. Otherwise,

t his order shall remain in force, till the conclusion of Trial. In case of bail jump, or violation of any of the condition(s) mentioned above, this order shall

automatically lose its effect.

In the light of the judgment passed by the Supreme Court in the case of Aparna Bhat and others Vs. State of M.P. Passed on 18.03.2021 in Criminal

Appeal No. 329/2021, the intimation regarding grant of bail be sent to the complainant.

Certified copy as per rules.