Rajat Thakur vs State Of M.P

Rajendra Kumar Verma, J

This is first application under section 439 of Cr.P.C. for grant of bail on behalf of the applicant, who is in custody since 16/10/2021 in connection with

Crime No.1013/2021, registered at Police Station â€" Vijay Nagar, District - Indore(M.P.), for the offence punishable under sections 34 & 49(A) of

M.P. Excise Act, 1915.

According to the prosecution case, 20 bulk liters of illicit liquor(Spurious Liquor) was seized from the possession of the applicant. Accordingly case

has been registered against him.

Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. Investigation is over and charge-

sheet has been filed. The applicant is in custody since 16/10/2021. The conclusion of trial will take sufficient time. On the aforesaid grounds, prayer is

made to release the applicant on bail.

Learned Panel Lawyer has opposed the application and prayed for its rejection, but he fairly submitted that no case under the provisions of M.P.

Excise Act is registered against the present applicant.

Looking to the facts and circumstances of the case, on a perusal of the material available on record including the case diary, without commenting on

the merits of the case, this application is allowed.

It is directed that the applicant/accused be released on bail on his furnishing a personal bond in the sum of Rs.50,000/-(Rupees Fifty Thousand Only)

with one solvent surety in the like amount to the satisfaction of the trial court for securing his presence before the said Court on all the dates of

hearing fixed in this regard during trial.

It is also directed that the applicant shall comply with the provisions of Section 437(3) Cr.P.C. It is made clear that if in the FSL report it is found that

the liquor is spurious then this bail order shall stand cancelled without further reference to this Court and the applicant shall surrender before the trial

Court.

In view of the outbreak of 'Corona Virus disease (COVID-19)' the concerned jail authorities are directed to follow the directions/guidelines issued by

the Government with regard to 'COVID-19' before releasing the applicant.

This order shall remain effective till the end of the trial but in case of bail jump and breach of any of the pre-condition of bail, it shall become

ineffective and cancelled without reference to this Bench.

Certified Copy as per rules.