Mushtak Khan vs State Of Madhya Pradesh

Vijay Kumar Shukla, J

This is first bail application under Section 439 of Cr.P.C for grant of regular bail in connection with crime No.415/2024 dated : not mentioned, registered at P.S. - Manawar, Dhar for offences punishable under Section 34(1) & 34(2) of Excise Act.

As per the prosecution case, on receiving a secret information, a raid was conducted at Dhaba. It is alleged that in the bushes, 3 boxes of country made liquor and 2 boxes of bolt beer, total 51 liters of illicit liquor is said to have been seized.

Counsel for the applicant submits that the applicant is in jail since 04.05.2024 and the investigation is almost completed.

Counsel for the State opposes the prayer and submits that against the applicant, as many as 10 criminal cases was registered including Excise Act and Gambling Act. He is a habitual offender.

5 . After hearing learned counsel for the parties and considering the quantity of alleged seized liquor i.e. 51 bulk liter liquor which is 1 liter more than the prescribed limit, I am of the view that the applicant is entitled for grant of bail on the following conditions:-

A) That the applicant shall not indulge in any offence while on bail.

If the applicant indulges in any offence while on bail, the prosecution shall be at liberty to apply for cancellation of bail.

B) That the applicant shall mark his presence before the concerned Police Station on every 15th of the month during the pendency of trial.

It is directed that applicant Mushtak Khan shall be released from custody upon furnishing a personal bond of Rs.50,000/- (Rupees Fifty thousand Only) with one surety of the like amount to the satisfaction of the Ld. Court below.

A typed copy of this order is being forwarded to the Office of the Advocate General, on their email address, for intimation to the Police Station concerned. The office is requested to forward a copy of this order to the Ld. Court below.

With the aforesaid, the application is allowed and disposed off.

Cc as per rules.