Nilesh @ Nitesh vs State Of Madhya Pradesh

Vijay Kumar Shukla, J

This is first bail application under Section 439 of Cr.P.C in connection with crime No.511/2018 registered at P.S - Manasa, Neemuch (M.P) for offence punishable under Section 34(2) of the Excise Act.

It is alleged that from the possession of the applicant, 240 ltr country made liquor was seized and 15 ltr country made liquor was seized from his house.

Learned counsel for the applicant submits that the charge sheet has been filed. The applicant is in jail since 3.11.2023. No further custodial interrogation is required. The conclusion of trial is likely to take time.

Learned counsel for the respondent/state opposed the prayer. However, he fairly submits that there is no criminal record of the applicant against the applicant.

Considering the fact that the charge sheet has been filed and there is no criminal record of the applicant, I am of the view that prima facie case is made out for grant of bail without commenting on the merits of the case, the application is allowed.

It is further directed that applicant Nilesh @ Nitesh shall be released from custody upon furnishing a personal bond of Rs.50,000/- (Rupees Fifty Thousand Only) with solvent 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.