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Judgment
9 paragraphs · 359 wordsAnil Verma, J
Applicant has filed this first bail application under Section 439 of the Code of Criminal Procedure, 1973. He is in Jail since 18.10.2022 in connection with Crime No.204/2022 registered at P.S. - Salsalai, District Shajapur (M.P.) for commission of offence punishable under Section 34(2) of the M. P. Excise Act.
As per prosecution story, the police party under the Nasha Mukti Abhiyan has inspected the grocery shop of the applicant and received 56 bulk litres country made liquor from the possession of the present applicant and co-accused Anand. During the seizure proceeding Anand ran away from the spot. Accordingly, a case has been registered against the applicant and co-accused person.
Learned counsel for the applicant submits that applicant is innocent and he has been falsely implicated in this matter. He further submits that there is no legal evidence available on record to connect the applicant with the aforementioned offence and no further custodial interrogation is required. Applicant is in jail since 18.10.2022. He is a permanent resident of District Shajapur. Final conclusion of trial will take considerable long time. Hence, he prays that applicant be released on bail.
Per-contra, learned counsel for respondent/State opposes the bail application and prays for its rejection.
Perused the case diary as well as the impugned order of the court below.
Considering all the facts and circumstances of the case, arguments advanced by counsel for the parties, nature and gravity of allegation as also taking note of the fact that the applicant is in jail since 18.10.2022, offence is exclusively triable by JMFC and final conclusion of trial will take considerable long time, I deem it proper to release the applicant on bail.
Accordingly, without commenting on the merits of the case, the application is allowed. It is directed that the applicant be released on bail upon his furnishing a personal bond in the sum of Rs.70,000/- (Rs. Seventy Thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court for his appearance before the trial Court, as and when required. He shall abide by the conditions enumerated u/S. 437(3) Cr.P.C.
C.C. as per rules.