Mousam And Rohit vs State Of MP

Satyendra Kumar Singh, J

This is first application filed under section 439 of Cr.P.C. for grant of bail to the applicants, as they have been arrested on 25/12/2021 in connection

with Crime No.621/2021 registered at Police Station Hatpippliya District Dewas for commission of offence punishable under Section 34 (2) of the

Excise Act.

Prosecution story, in brief, is that on 25.12.2021 at about 17:30 PM applicants were found having 30-30 total 60 bulks liters of illicit country made

liquor (paooaa) in their possession for purpose of sale.

Learned counsel for the applicants submits that nothing has been seized from possession of the applicants. Quantity of liquor said to be seized from

each of the applicants were below 50 liters. Applicants have no criminal record with regard to offence relating to the Excise Act. They have been

falsely implicated in the matter and are in custody since 25/12/2021. Trial will still take time for its conclusion. Hence, prayer is made to enlarge the

applicants on bail.

Learned counsel for respondent/State has opposed the application and submits that applicant no.1 Mausam has criminal antecedents and an offence

under 457 of IPC has been registered against him, therefore, they are not entitled for bail.

Having considered the rival submissions, material produced on record, quantity of liquor said to be seized from the possession of the applicants, this

Court is of the view that the applicants deserves to be enlarged on bail, hence, without commenting anything on the merits of the case, the application

is allowed.

It is directed that the applicants are directed to be released on bail upon their furnishing personal bond in the sum of Rs.30,000/- (Rupees Thirty

thousand Only) each with separate solvent surety each in the like amount to the satisfaction of the concerned Court for their 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.

In view of the outbreak of 'Corona Virus disease (COVID-19)' the concerned Jail Authority is directed to follow the directions/guidelines issued by

the Government with regard to COVID-19 before releasing the applicant.

This M.Cr.C. stands allowed and disposed of.

C. C. as per rules.