Safik Khan vs State Of Madhya Pradesh

Satyendra Kumar Singh, J

Case diary is available.

This is first application filed under Section 439 of Cr.P.C for grant of bail to the applicant as he has been arrested on 1.7.2023 in connection with Crime No.296/2023 registered at Police Station Purani Chhawani, District Gwalior (M.P.) for commission of offence punishable under Section 34(2) and 49-A of MP Excise Act.

Prosecution story, in brief is that on 30.06.2023 the applicant along with two other co-accused persons were found having 70 bulk litres of illicit spurious country made liquor containing in an Auto bearing Registration No. MP07-R-9934 for the purpose of sale without having any license.

Learned counsel for the applicant submits that nothing has been seized from the possession of the applicant. The applicant has been falsely implicated by the police by showing false seizure leaving actual offenders. There is nothing on record which suggest that the aforesaid liquor was spurious and unfit for human consumption. No offence is made out against the applicant. The applicant has no criminal antecedents and he is in custody since 1.7.2023. His custodial interrogation is no more required. Trial will take time to conclude and, therefore, in the aforesaid circumstances, applicant may be enlarged on bail.

Learned counsel for the respondent/State has vehemently opposed the prayer, but fairly conceded that the applicant has no criminal antecedents.

Heard the learned counsel for both the parties.

Having considered the rival submissions, material pointed out by the learned counsel for the applicant and looking to the quantity of liquor said to be seized from the possession of the applicant and place of seizure, without expressing any opinion on the merits of the case, this Court is of the view that the applicant deserves to be enlarged on bail. Accordingly, the application is allowed.

It is directed that the applicant be released on bail upon furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with a solvent surety in the like amount to the satisfaction of the concerned Court for his appearance before the Trial Court on all such dates as may be fixed in this behalf by the Trial Court during the pendency of trial. It is further directed that applicant shall comply with the provisions of Section 437 (3) of Cr. P. C.

This application is allowed and stands disposed of.

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