Narendra Pardhi vs State Of Madhya Pradesh

Dinesh Kumar Paliwal, J

This first bail application under Section 439 of the Code of Criminal Procedure has been filed by the applicant for grant of regular bail in relation to FIR No. 140/2024 dated 03.04.2024, registered at Police Station Katangi, District Balaghat (M.P.) for commission of offence under Section 34(2) of M.P. Excise Act. Applicant is in detention since 03.04.2024.

As per the prosecution story, on receiving an information from an informant, police of concerned police station seized 54 bulk liters of illegal liquor from possession of the applicant. FIR was registered. After investigation, charge sheet has been filed.

Learned counsel for the applicant has submitted that applicant is in jail since 03.04.2024. He has not committed any crime and nothing has been seized from his possession. He has been falsely implicated. The trial of the case will take considerable time. Therefore, it is prayed that applicant may be released on bail pending the trial.

On the other hand, learned counsel for the respondent/State has opposed grant of bail to the applicant.

Having taken into consideration all the facts and circumstances of the case and the fact that trial of the case will take considerable time, but without expressing anything on the merits of the case, I am inclined to release the applicant on bail. Consequently, this first bail application under Section 439 of the Code of Criminal Procedure filed on behalf of applicant, stands allowed.

It is directed that applicant - Narendra Pardhi be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety in 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 concerned Court on all the dates fixed by it during trial. He shall abide by all the conditions enumerated under Section 437(3) of Cr.P.C.

This order shall be effective till the end of the trial. However, in case of bail jump and breach of any of the conditions of bail, it shall become ineffective.

Certified copy as per rules.