Nandu vs State Of Madhya Pradesh

Sujoy Paul, J

This is first bail application under Section 439 of Cr.P.C. for grant of bail arising out of Crime No.696/2020 registered at Police Station Rajendra

Nagar, District Indore for the offence punishable under Sections 49(A), 34(1)of the M.P.Excise Act.

Learned counsel for the applicant submits that the applicant is the first offender under the Excise Act and he is in custody since 13.12.2020. Challan

has already been filed. As per prosecution story, 10 bulk liters of liquor allegedly recovered from the joint possession of the applicant and co-accused

Dinesh, who has been enlarged on bail in M.Cr.C.No.10137/2021 vide order dated 23.03.2021. There is no iota of material to establish that liquor so

recovered was either poisonous or unfit for human consumption. Hence. the applicant may be enlarged on bail.

The prayer is opposed by the learned Panel Lawyer but he did not dispute that (i) challan has been filed (ii) applicant has no criminal record relating to

Excise Act (iii) there is no expert report to show that liquor so recovered was unfit for human consumption.

Considering the aforesaid and by applying the principle of parity and taking into account that the applicant is first offender and conclusion of trial in this

pandemic era will take time and without expressing any conclusive opinion on the merits of the case, I deem it proper to enlarge the applicant on bail.

Accordingly, the bail application is allowed.

Applicant-Nandu is directed to be released on bail on his furnishing a personal bond in the sum of Rs.35,000/- (Rupees Thirty Five Thousand only)

with one solvent surety of the like amount to the satisfaction of the trial court for his regular appearance before the trial court during trial with a

condition that he shall remain present before the court concerned during trial and shall also abide by the conditions enumerated under section 437(3)

Cr.P.C.

With the aforesaid, the application stands disposed of.

Certified copy, as per rules.