Sameer S/O Shree Vyas Anand vs State Of Madhya Pradesh

Sujoy Paul, J

This is the first application filed by the applicant under Section 439 of the Code of Criminal Procedure, 1973 for grant of bail in connection with Crime No.93/2021 registered at Police Station - Kishanganj, District - Indore for the offences registered under Section 34(2) of the M.P. Excise Act. The applicant submits that the applicant is in custory since 19.02.2021.

Learned counsel for the applicant submits that as per prosecution story, 54 bulk liter of liquor is allegedly recovered from possession of the present applicant. The applicant has no criminal history. He is the first offender. Challan has been filed. Hence, he may be enlarged on bail.

The prayer is opposed by the learned Panel Lawyer for the respondent / State. However, he did not dispute that challan has been filed and applicant has no criminal history.

Keeping in view the nature of accusation coupled with the fact that challan has been filed and applicant has no criminal history, I deem it proper to enlarge the applicant on bail. Accordingly, the bail application is allowed.

The applicant is directed to be enlarged on bail on his furnishing personal bond in the sum of Rs.35,000/- (Rupees Thirty Five Thousand Only) with one solvent surety in the like amount to the satisfaction of the trial Court for his appearance as and when directed.

The applicant will attend each hearing of his trial before the trial Court out of which this bail arises. Any default in the attendance in Court would result in cancellation of the bail granted by this Court.

With the aforesaid, the application stands disposed of.

Certified copy, as per Rules.