Rajkumar vs State Of Madhya Pradesh

Subodh Abhyankar, J

They are heard. Perused the case-diary.

This is the applicant first bail application under Section 439 of Criminal Procedure Code,1973, as they are implicated in connection with Crime No.131/2023 registered at POLICE STATION TALEN DISTRICT RAJGARH for offence punishable under Section 34(2) of the M.P. Excise Act, 1915.

Applicant is in jail since 10.04.2023.

The allegation against the applicant is that he was also involved in the aforesaid case wherein from the joint possession of applicant and co-accused 54 bulk litres of unauthorized liquor has been seized.

Counsel for the applicant has submitted that the investigation is complete. The applicant is arrested on 10.04.2023. The offence is triable by Judicial Magistrate First Class and the final conclusion of trial is likely to take sufficient long time. Thus, it is submitted that the applicant be released on bail.

Counsel for the State, on the other hand, has opposed the prayer.

O n due consideration of submissions, on perusal of the case-diary and the applicant is in jail since last 10.04.2023 and the final conclusion of trial is likely to take sufficient long time, this Court is inclined to allow the application.

Accordingly, without adverting to the merits of the case, the application filed by the applicant is hereby allowed. The applicant is directed to be released on bail upon furnishing a personal bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with one solvent surety of the like amount to the satisfaction of the trial Court for his regular appearance before the trial Court during trial with a condition that he shall remain present before the court concerned during trial and shall also abide by the conditions enumerated under Section 437 (3) Criminal Procedure Code, 1973.

Certified copy, as per rules.