Rajkumar vs State Of Madhya Pradesh

Rajendra Kumar (Verma), J

This is second application under Section 439 of Cr.P.C. for grant of bail filed on behalf of applicant who is in custody since 01.04.2022 in connection with Crime No.32/2022 registered at Police Station Chandrawatiganj District Indore for the offence punishable under Section 34(2) of the M.P.Excise Act, 1915.

First bail application of the applicant was dismissed as withdrawn with liberty to renew the prayer after four months vide order dated 26.04.2022 passed in MCRC No.20668/2022.

According to the prosecution story the applicant is involved in the aforesaid offence in which more than 50 bulk liters of illicit liquor was recovered from an Alto Car bearing registration No.MP-09-WG-6538. Hence, the police has registered case against the accused persons.

Learned counsel for the applicant submits that the applicant is innocent and has falsely been implicated in the present case. Investigation is over and charge-sheet has been filed. The applicant is in custody since 01.04.2022. The applicant has no criminal antecedents. Conclusion of trial will take long time. Co-accused Gauri Shankar has been granted anticipatory bail by this Court vide order dated 27.07.2022 in M.Cr.C.No.32465/2022. On the aforesaid grounds, prayer is made to release the applicant on bail.

Learned Counsel for the State has opposed the application and prays for its rejection, but fairly submits that the applicant has no criminal antecedents.

Looking to the facts and circumstances of the case, on a perusal of the material available on record including the case diary and 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.

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.

Pending I.A.stands disposed off.

Certified Copy as per rules.