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Judgment
9 paragraphs · 370 wordsAnil Verma, J
Applicant has filed this first bail application under Section 439 of the Code of Criminal Procedure, 1973 on behalf of the applicant for grant of regular bail relating to Crime No.417/2023 registered at P.S. Panbihar Mukhya Thana Ghattiya, District Ujjain (M.P.) for commission of offence punishable under Section 34(2) of M.P. Excise Act. He is in jail since 20.10.2023.
As per prosecution story, the applicant was found to be in possession of 62 bulk litres country-made liquor unauthorisedly and illegally during the search by police. Accordingly, a case has been registered.
Learned counsel for the applicant submits that applicant is innocent person 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 20.10.2023. He is a permanent resident of District Ujjain. Final conclusion of trial will take considerable long time. Under the above circumstances, prayer for grant of bail may be considered on such terms and conditions, as this Court deems fit and proper.
Per-contra, learned counsel for respondent/State opposes the bail application and prays for its rejection. However, he fairly admits that no criminal antecedent has been found against the present applicant.
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 both the parties, nature and gravity of allegation as also taking note of the fact that the applicant is in jail since 20.10.2023; 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, 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/- (Rupees 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.
Certified copy as per rules.