Rajesh vs State Of Madhya Pradesh

Narayan Singh, J

They are heard and perused the case diary.

This is the first bail application under Section 439 of the Code of Criminal Procedure filed on behalf of the applicant for grant of bail in connection with Crime No.484/2023, registered at Police Station-Balakwada, District-Khargone (M.P.), for the offence under Section 34(2) of M.P. Excise Act. The applicant is in custody since 16.11.2023.

(2) As per prosecution story, 125.200 bulk liters beer and country made liquor is said to be seized from the possession of the applicant.

(3) Learned counsel for the applicant submits that the applicant is innocent and has falsely been implicated in this case. No criminal cases has been registered against the applicant. He is in jail since 16.11.2023. The case is triable by Judicial Magistrate First Class and conclusion of trial will take a long time. Under these circumstances, applicant counsel prays for grant of bail.

(4) Learned counsel for the respondent/State opposes the bail application and prays for its rejection but fairly submitted that there is no previous criminal record of the applicant.

(5) After hearing learned counsel for the parties and looking to the facts and circumstances of the case and custody period of the applicant, I am of the view that it is a case, in which applicant may be released on bail. Consequently without commenting on the merits of the case, first bail application under Section 439 of the Code of Criminal Procedure for grant of bail filed on behalf of applicant, stands allowed.

(6) It is directed that the applicant/accused be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (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) of the Cr.P.C.

(7). This order shall be effective till the end of the trial. However, in case o f bail jump and breach of any of the conditions of bail, it shall become ineffective.

Certified copy as per rules.