Monu@Vivek Tomar vs State Of Madhya Pradesh

Satyendra Kumar Singh, J

With the consent, heard finally.

Perused the case diary.

This is first application filed under Section 439 of Cr.P.C for grant of bail to the applicant, as he has been arrested on 25.08.2023 in connection with Crime No.456/2023 registered at Police Station Hazira, District Gwalior (M.P.) for commission of offence punishable under Sections 49(A) of the Excise Act.

Prosecution case, in brief, is that on 25.8.2023 the applicant was found having 5 litres spurious country made liquor for the purposes of sale.

Learned counsel for the applicant submits that as per prosecution case itself place of incident is an open public place. Nothing has been seized from the possession of the applicant. He has falsely been implicated in the matter only because of his criminal past record registered prior to the year 2019. There is no material produced on record to suggest that liquor said to be seized from his possession is spurious in nature. The applicant is in custody since 25.08.2023. His custodial interrogation or trial is not required in the matter. Trial will take time for its conclusion. Hence, prayer is made to enlarge the applicant on bail.

Learned counsel for the respondent/State opposes the application and submits that the applicant is a habitual criminal and about 36 other criminal cases are registered against him, out of which three are under Excise Act.

Having considered the rival submissions, material pointed out by learned counsel for the applicant, quantity of seized liquor, so also evidence produced on record with regard to the nature of seized liquor and other facts and circumstances of the case, without commenting anything on the merits of the case, the application is allowed.

It is directed that the applicant be released on bail upon his furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty thousand only) with a solvent surety in the like amount to the satisfaction of the concerned 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. It is further directed that applicant shall comply with the provisions of Section 437 (3) of Cr. P. C.

This application is allowed and stands disposed of.

Certified copy, as per Rules.