Rajesh vs State Of Madhya Pradesh

Arun Kumar Sharma, J

This is the first bail application filed by the applicant under Section 439 of the Cr.P.C.

The applicant is in custody since 2.12.21 in connection with Crime No.968/2021 registered at P.S. Excise Circle, District Khandwa (MP) for the offence punishable under Section 34(2) of the M.P. Excise Act.

As per the prosecution case, it is alleged that on the basis of secret information, police recovered 54 bulk liters of hand made liquor from the possession of the applicant.

Learned counsel for the applicant submits that the applicant was not present on the spot and no liquor alleged to have been recovered from his possession. This is the first offence registered the applicant under Section 34(2) of the M.P. Excise Act. The offence registered against the applicant is triable by Judicial Magistrate First Class and trial will take considerable time. Learned counsel for the applicant also assured that in future the applicant will not faulted with the provision of Section 59(A) of the M.P. Excise Act. There is no likelihood of applicant absconding or tampering with the evidence. Hence, he be enlarged on bail.

Learned P.L. opposed the application and prayed for rejection of the same. Looking to the facts and circumstances of the case, this Court is of the view that this is not a case in which the applicant is required to be kept in custody during the whole trial, but without commenting anything on the merits of the case, this application is allowed.

It is ordered that that the applicant/accused be released on bail on his furnishing a personal bond for the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with a 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 and for complying with the conditions enumerated in sub-section (3) of Section 437 of Cr.P.C.

It is further directed that the Jail authority shall comply with all the directions and guidelines issued by the Central Government and the State Government from time to time in regard to outbreak of Covid-19 pandemic before releasing the applicant from the jail.

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