Rahul vs State Of Madhya Pradeshq

Rajendra Kumar Verma, J

This is first application filed by the applicant under Section 439 of the Code of Criminal Procedure, 1973 for grant of bail in connection with Crime

No.886/2021 registered at Police Station -Dhamnod, District - Dhar for the offence registered under Sections 34(2 of the M.P.Excise Act. The

applicant is in custody since 11/12/2021

As per prosecution story, on 01/12/2021, on the basis of the secret information, the police recovered 60 bulk liters liquor from the possession of co-

accused Manish. On the basis of memorandum recorded under section 27 of the Evidence Act, present applicant has been made accused and

arrested in the present offence.

Learned counsel for the applicant submits that applicant is innocent and he has falsely been implicated in the present crime. On the basis of

memorandum recorded under section 27 of the Evidence Act, present applicant has been made accused in the present case. Nothing has been seized

from his possession. He is in custody since 11/12/2021 and conclusion of trial will take sufficient long time. In these circumstances the applicant be

released on bail.

The prayer is opposed by learned Panel Lawyer for the respondent / State.

Taking into consideration all the facts and circumstances of the case, the arguments advanced by learned counsel for the parties as also the nature of

the allegations, however without commenting on merits, I deem it proper to enlarge the applicant on bail.

Accordingly, the bail application is allowed. The applicant is directed to be enlarged on bail on his furnishing personal bond in the sum of Rs.30,000/-

(Rupees Thirty Thousand Only) with one solvent surety of the like amount to the satisfaction of the trial Court for his appearance before the trial

Court concerned as and when directed.

He shall abide by the conditions enumerated under Section 437(3) of the Cr.P.C..

The applicant will attend each hearing of his trial before the trial Court out of which this bail arises. Any default in the attendance in Court would

result in cancellation of the bail granted by this Court. With the aforesaid, the application stands disposed of.

Certified copy, as per Rules.