Rahul vs State Of Madhya Pradesh

Subodh Abhyankar, J

They are heard. Perused the case diary / challan papers.

This is second bail application filed by the applicant under Section 439 of Cr.P.C. as he is implicated in connection with Crime No.201/23 registered at Police Station RAIPURIYA DISTRICT JHABUA for offence punishable under Section 34(2) and 46 of the Madhya Pradesh Excise Act, 1915. The applicant is in custody since 05/04/2023

His earlier bail application has been dismissed on 5.6.2023 with liberty to renew his prayer after completion of four months of incarceration by this Court in MCRC.No.17951/2023.

The allegation against the applicant is that he was also involved in the aforesaid case wherein 60.74 bulk litres of foreign liquor has been seized from his possession.

Counsel for the applicant has submitted that there are no criminal antecedents against the applicant. It is further submitted the applicant is lodged in jail since 5.4.2023 and as such he has completed four months of jail incarceration. The final conclusion of the trial is likely to take sufficient long time, therefore, it is prayed that the application be allowed and the applicant be released 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 of the applicant.

Having considered the rival submissions, perusal of the case diary, there are no criminal antecedents present against the present applicant and further considering the fact that the applicant is lodged in jail since 05.04.2023 and the final conclusion of the trial is likely to take sufficient long time, without reflecting anything on the merits of the case, the application filed under Section 439 of Cr.P.C. on behalf of the applicant is hereby allowed.

The applicant is directed to be released on bail upon furnishing a personal bond in the sum of Rs.25,000/- (rupees twenty five thousand) with one solvent surety of the like amount to the satisfaction of the trial Court for his/her regular appearance before the trial Court during trial with a condition that he / she 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.

Certified copy as per rules.