Raj @ Ghanshyam vs State Of Madhya Pradesh

Prakash Chandra Gupta, J

Heard with the aid of case diary.

This is first application filed under Section 439 of Cr.P.C. for grant of bail to the applicant, in connection with FIR/Crime No.342/2023, Date:-(Not mentioned) registered at P.S.-Badnagar, District-Ujjain (M.P.) for commission of offence punishable under Sections 34, 49(A) of M.P. Excise Act.

Prosecution story in brief is that, on 16.06.2023, applicant/accused was found in possession of 7 litres of spurious liquor which was unfit for human consumption. The Police had seized the aforesaid liquor from possession of the present applicant.

Learned counsel for the applicant submits that the applicant/accused has not committed the offence and he has falsely been implicated in the case. The applicant has no criminal antecedents of likewise this offence. Offence is triable by Judicial Magistrate First Class. No FSL report has been filed alongwith charge-sheet. Applicant is in custody since 16.06.2023. After completion of investigation, charge-sheet has been filed. Trial will take sufficient long time for its disposal, therefore, it is prayed that present applicant/accused be released on bail.

On the other hand, learned counsel for the non-applicant/State has objected the prayer of the applicant and submits that one criminal case punishable under the provisions of IPC and one criminal case punishable under section 36-B of M.P. Excise Act are registered against the present applicant hence, he is not entitled for grant of bail.

Having considered the rival submissions and after perusal of the case diary so also considering the facts and circumstances of the case, this Court is of the view that applicant deserves to be enlarged on bail, hence, without commenting on the merits of the case, the application is allowed.

It is directed that applicant- RAJ @ GHANSHYAM shall be released on bail on his furnishing a personal bond for a sum of Rs.50,000/-(Rupees Fifty thousand only) alongwith one solvent surety in the like amount to the satisfaction of the concerned Court, for his appearance before the concerned Court regularly on all such dates as may be fixed in this regard during trial. It is further directed that applicant shall comply with the provisions of Section 437 (3) of Cr. P. C.

This order shall be effective till the end of trial but in case of bail jump, it shall become ineffective.

With the aforesaid, this application is allowed and stands disposed of. Certified copy, as per Rules.