Nahala vs State Of MP

Subodh Abhyankar, J

This is applicant’s first bail application filed under Section 439 of Cr.P.C. The applicant is implicated in connection with Crime No.376/2021

registered at Police Station Bisten, Distt. Khargone, (MP) for offence punishable under Section 34(2) of the Madhya Pradesh Excise Act, 1915. The

applicant is in custody since 20/10/2021.

As per prosecution story, the applicant was found in possession of 65 bulk litres of unauthorized liquor.

Counsel for the applicant has submitted that the applicant is in jail since 20/10/2021 and there are no criminal antecedents of the applicant. It is further

submitted that the offence is triable by Judicial Magistrate First Class and final conclusion of the trial is likely to take sufficient long time, therefore, it

is prayed that the application be allowed and the applicant be released on bail.

Counsel for the respondent / State, on the other hand has opposed the prayer, however, it is not denied that the applicant has no criminal antecedents.

Having consideration rival submissions, perusal of the case diary and taking note of the fact that there are no criminal antecedents of the applicant and

the final conclusion of the trial is likely to take sufficient long time, without reflecting anything on the merits of the case, the application filed by under

Section 439 of Cr.P.C. on behalf of the applicant is hereby allowed.

The applicant is directed to be released on bail upon furnishing a personal bond in the sum of Rs.20,000/- (rupees twenty thousand) with one solvent

surety of the like amount to the satisfaction of the trial Court for his/her regular appearance before the trial Court during trial with a condition that he /

she shall remain present before the court concerned during trial and shall also abide by the conditions enumerated under Section 437 (3) Criminal

Procedure Code, 1973.

It is made clear that if the applicant is again found to be involved in any other offence during the trial, this order shall stand cancelled automatically

without reference to the Court and the police will be at liberty to arrest the applicant in the present case also.

This order shall be effective till the end of the trial, however, in case of bail jump, it shall become ineffective.

Certified copy as per rules.