Ogesh @ Ugesh @ Oga vs State Of M.P

Subodh Abhyankar, J

This is the first application under Section 439 of Criminal Procedure Code, 1973, as he is implicated in connection with Crime No.39/2021 registered at

Police Station Khetiya, District â€" Barwani (MP) for offence punishable under Sections 34(1) and 49-A of M.P. Excise Act. The applicant is in

custody since 24.02.2021.

The allegation against the applicant is that he was found in possession of 10 bulk litres of spirit liquor.

Counsel for the applicant has submitted that the applicant is in custody since 24.02.2021. Investigation is complete and charge-sheet has been filed.

There are no criminal antecedents against the applicant. Final conclusion of trial is likely to take sufficient long time, therefore, he be enlarged on bail.

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

the applicant.

Having considered rival submissions and on perusal of the case-diary, taking note of the fact that the applicant is in jail since 24.02.2021 and there are

no criminal antecedents against the applicant and the final conclusion of trial is likely to take sufficient long time due to Covid-19, this Court finds it

expedient to allow the application.

Accordingly, without commenting on the merits of the case, the application filed by the applicant is allowed. The applicant is directed to be released on

bail upon furnishing a personal bond in the sum of Rs.50,000/- (rupees fifty thousand) 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) Criminal Procedure Code, 1973.

However, the Trial Court is directed to verify the criminal antecedents of the applicant at the time of furnishing the bail before allowing him bail and if

it is found that other cases are also registered against him, then this order shall be deemed cancelled without further reference to this Court.

It is also observed that if the applicant is found to be involved in any criminal activities, after his release on bail, then the present bail order shall stand

cancelled without further reference to this

Court; and the State / prosecution will be free to arrest the accused 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.