Santosh vs State Of Madhya Pradesh

Nandita Dubey, J

This is the first application filed by the applicant under Section 439 of Cr.P.C. for grant of bail.

T h e applicant is in custody since 19.01.2023 in connection with Crime No.810/2021 registered at P.S. Amla, District Betul for the offence punishable under Section 34(2) of M.P. Excise Act.

As per the prosecution, 60 bulk ltrs. of country made liquor has been seized from the possession of the present applicant.

Learned counsel for the applicant submits that the applicant has been falsely implicated. He further submits that the applicant is under custody since 19.01.2023 and the trial is going to take a long time to conclude. The applicant is ready to abide by all the conditions as may be imposed to him.

Learned Panel Lawyer for the respondent/State has opposed the bail application. It is submitted that the applicant has one criminal record of the similar nature, however it is of the year 2021.

Considering the aforesaid and the fact that the applicant has remained under custody nearly two months now, without adverting to the merits of the case, this application is allowed.

It is directed that applicant be released on bail on furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one surety in the like amount to the satisfaction of the trial Court/committal Court for his appearance on the dates given by the concerned Court. It is further directed that the applicant shall also comply with the provisions of Section 437(3) of Cr.P.C.

It is made clear that in case if the applicant is found involved in any other offence during the pendency of the trial, this bail order shall stand cancelled automatically.

Certified copy as per rules.