Santosh Gore vs State Of Madhya Pradesh

Anil Verma, J

This is the first application filed by the applicant under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail relating to Crime No.347/2023 registered at Police Station Rajpur, District Barwani (M.P.) for the offence under Sections 34(2) of the M.P. Excise Act. The applicant is in custody since 12/09/2023.

As per the prosecution story, the co-accused Rohit was found to be in possession of 795 bulk litres liquor unauthorisedly and illegally during the search by police from the vehicle bearing registration number MP-13-GB-3874. Present applicant being the registered owner of the said vehicle has been implicated in the offence. Accordingly, a case has been registered.

Learned counsel for the applicant submits that applicant is an innocent person and he has been falsely implicated in this matter. He further submits that there is no legal evidence available on record to connect the applicant with the aforementioned offence and no further custodial interrogation is required. He being the registered owner of the vehicle has been implicated in the offence, but nothing has been recovered from his possession. Offence is triable by Judicial Magistrate First Class. Applicant is in jail since 12/09/2023. He is permanent resident of District Rajsamand (Rajasthan) and final conclusion of trial will take considerable long time. Under the above circumstances, prayer for grant of bail may be considered on such terms and conditions, as this Court deems fit and proper.

Per-contra, learned counsel for the respondent/State opposes the bail application and prays for its rejection. However, he fairly admits that no criminal antecedent is found against the present applicant.

Perused the case diary as well as the impugned order of the court below.

Considering all the facts and circumstances of the case, arguments advanced by counsel for the parties, nature and gravity of allegation as also taking note of the fact that the applicant is in jail since 12/09/2023; offence is exclusively triable by JMFC; no criminal antecedent has been found against the present applicant; nothing has been recovered from his possession and final conclusion of trial will take considerable long time. Hence, I deem it proper to release the applicant on bail.

Accordingly, without commenting on the merits of the case, the application is allowed. It is directed that the applicant be released on bail upon his furnishing a personal bond in the sum of Rs.70,000/- (Rupees Seventy Thousand Only) with two separate solvent sureties, out of which one should be local, in the like amount to the satisfaction of the trial Court for his appearance before the trial Court, as and when required. He shall abide by the conditions enumerated u/S. 437(3) Cr.P.C.

Certified copy as per rules.