Onkar 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.161/2021 registered

at Police Station Maingaon, District Khargone (MP) for offence punishable under Section 34(2) of M.P. Excise Act.

The applicant is in custody since 18.05.2021.

The allegation against the applicant is that he was also found involved in the aforesaid case wherein 68 bulk litres of unauthorized liquor has been

seized from the possession of other co-accused Dheeraj and Vijay. So far as the present applicant is concerned, he is arrayed as an accused on the

basis of memo 27 of the Evidence Act.

Counsel for the applicant has submitted that the allegation against the applicant is that he supplied the aforesaid liquor to the other co-accused persons

and except the aforesaid memo, there is no other evidence against him.

Counsel for the respondent/State, on the other hand, has opposed the prayer and submitted that case-diary is not available.

On due consideration of submissions and on perusal of the impugned order, taking note of the implication of the offence against the applicant on the

basis of a memo prepared under Section 27 of the Evidence Act and considering the fact that the Courts are not functioning now a days on account of

Covid-19, this Court finds it expedient to allow the present bail 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.

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.