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Judgment
Subodh Abhyankar, J
They are heard. Perused the case diary / challan papers.
This order shall also govern the disposal of Miscellaneous Criminal Case No. No.36753/2021, as both the cases have arisen out of the same Crime
No.401/2021.
These are the applicants' first applications under Section 439 of Criminal Procedure Code, 1973, as they have been arrested in connection with Crime
No.401/2021 registered at Police Station Kanadiya, Indore District Indore (MP) for offence punishable under Section 34 (2) of Madhya Pradesh
Excise Act, 1915.
The applicants are in custody since 04.07.2021.
The allegation against the applicants is that they were found in possession 80 bulk liters of unauthorized country made liquor worth Rs.8,000/- which
was being transporting by them in TVS Motorcycle bearing registration number MP-09 VW-7656.
Counsel for the applicant (s) has submitted that the investigation is over and the charge sheet has already been filed. They are not required for further
interrogation / investigation. It is also submitted that there are no criminal antecedents of the applicant(s). It is further submitted that the offence
registered against the applicant (s) is triable by Judicial Magistrate First Class and final conclusion of the trial is likely to take sufficient long time.
Counsel has further submitted that the applicants are in jail since 04.07.2021 and the final conclusion of the trial is likely to take sufficiently long time.
Thus, it is submitted that the applicants be released on bail and their bail applications be allowed.
Counsel for the respondent / State, on the other hand, has opposed the prayer and it is submitted that no case for grant of bail is made out. However, it
is not denied that there are no criminal antecedents of the applicant (s).
Having considered the rival submissions and on perusal of the case diary as also the fact that there are no criminal antecedents of the applicant (s),
this Court finds force with the contentions raised by the counsel for the applicant (s). Hence, this Court finds it expedient to allow the present bail
applications.
Accordingly, without commenting on the merits of the case, the applications filed by the applicants stand allowed. The applicants are directed to be
released on bail upon each of them furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety of the
like amount to the satisfaction of the trial Court for their regular appearance before the trial Court during trial with a condition that they 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.
It is also observed that if the applicants are found in any of the criminal activities, after their release on bail, then the present bail order shall stand
cancelled without further reference to this Court; and the State / prosecution will be free to arrest the accused in the present case also.
This order shall also be effective till the end of the trial, however, in case of bail jump, it shall become ineffective.
Certified copy as per rules.