Rakesh And Others vs State Of Madhya Pradesh

Deepak Kumar Agarwal, J

This is the first bail application u/S.439 Cr.P.C filed by the applicants for grant of bail.

The applicants were arrested on 26.02.2022 in connection with Crime No.75/2022 by Police Station Narwar, District Shivpuri (MP) for the offence punishable under Sections 34(2), 49(A) of Excise Act.

In brief, the prosecution case is that on 26.02.2022 Police Station Narwar seized from the joint possession of applicants 63 bulk litres of illicit liquor being carried on a motorcycle. Thereafter house o which was illegally applicant- Rakesh was searched. From his house, material and apparatus for preparing liquor were seized.

It is submitted by learned counsel for the applicants that the applicants are innocent and they have falsely been implicated in the offence. They are in custody since 26.02.2022. Conclusion of trial will take time. On such premises, learned counsel for the applicants prayed for bail.

Learned Public Prosecutor for the State vehemently opposed the application and prayed for its rejection by submitting that applicants have criminal antecedents.

Heard learned counsel for the rival parties at length and perused the record.

Looking to the aforesaid facts and circumstances of the case, without commenting upon the merits of the case, this Court is of the opinion that the application should be allowed and by allowing the application it is ordered that if the applicants furnish bail bond of Rs.25,000/- (Rupees Twenty Five thousand only) each with one solvent surety in the like amount to the satisfaction of the trial Court, they should be released on bail.

They will present during trial before the trial Court on each and every date.

Application stands allowed and disposed of.

Copy of this order be sent to the trial Court concerned for compliance.

Certified copy as per rules.