Ravindra vs State Of M.P

Rajendra Kumar Verma, J

This is first application under section 439 of Cr.P.C. for grant of bail on behalf of the applicant, who is in custody since 12/01/2022 in connection with

Crime No.166/2021, registered at Police Station â€" Shujalpur Mandi, District â€" Shajapur(M.P.), for the offence punishable under section 34(2) of

M.P. Excise Act, 1915.

According to the prosecution case, 10,800 bulk liters of illicit liquor was seized from the possession of the applicant. Accordingly case has been

registered against him.

Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He is the driver of the

vehicle(Truck) bearing MP09-GG-6634, which was carrying the said liquor from Badwah-Khargone warehouse to Shujalpur Excise Warehouse. It is

further submitted that the only mistake which the applicant has committed is that he couldn't manage to reach the destination on the time prescribed

i.e., 10:05 PM, instead it reached at 11:15 PM so at the most it could be said that the applicant has violated the conditions of license/permit. The

applicant is nothing to do with the alleged liquor, he is only the driver of the said vehicle. There is no legal evidence to connect the present applicant

with the aforementioned offence. He further submits that except this no case under the provisions of M.P. Excise Act is registered against the present

applicant. The applicant is in custody since 12/01/2022. The conclusion of trial will take sufficient time. On the aforesaid grounds, prayer is made to

release the applicant on bail.

Learned Panel Lawyer has opposed the application and prayed for its rejection, but he fairly submitted that no case under the provisions of M.P.

Excise Act is registered against the present applicant.

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

Certified Copy as per rules.