Mukesh Kushwah vs State Of Madhya Pradesh

Satyendra Kumar Singh, J

Case diary is available.

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 3.9.2023 in connection with Crime No.581/2023 registered at Police Station Dehat District Vidisha (M.P.) for commission of offence punishable under Sections 34(2) of the M.P. Excise Act.

Prosecution case, in brief, is that on 3.9.2023 the applicant was found in possession of 55.800 bulk litres of illicit country made liquor for the purposes of sell without having any license or authority.

Learned counsel for the applicant submits that the applicant is innocent and has falsely been implicated in the matter. He further submits that nothing has been seized from the possession of the applicant. The applicant is in custody since 3.9.2023. 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 has a criminal history and three other criminal cases are registered against him out of which two are under Excise Act.

Having considered the rival submissions, quantity of the liquor said to have been seized from the possession of the applicant and also considering the overall material produced on record, this Court is of the view that applicant 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 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.