Santosh Kol vs State Of Madhya Pradesh

Anuradha Shukla, J

This is first application under Section 439 of the Code of Criminal Procedure 1973 for grant of bail filed on behalf of the applicant who has been arrested relating to FIR/Crime No.418/2023 dated 14.06.2023 registered at Police Station City Kotwali, district Rewa, for an offence punishable under Section 34(2) of the M.P. Excise Act, 1915.

As per the prosecution case, 58.5 bulk liters of country made liquor has been seized from possession of the applicant.

Learned counsel for the applicant submits that the applicant is in custody since 13.06.2023. The trial will take considerable time to conclude. He further submits that the applicant is innocent and has falsely been implicated in the case. The applicant is a permanent resident of district Satna and is ready to furnish adequate surety and shall abide by all the conditions to be imposed by the Court. Upon these grounds, it is prayed that the applicant be released on bail.

Learned counsel for the State opposes the bail application.

Heard learned counsel for the parties and perused the case diary.

Considering the facts and circumstances of the case, this Court is inclined to release the applicant on bail, therefore, without commenting on the merits of the case, this application is allowed.

It is directed that the applicant shall be released on bail upon 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 concerned for his appearance before the said Court on all such dates as may be fixed in this regard during pendency of the trial.

It is further directed that the applicant shall comply with the provisions of Section 437(3) of the Cr.P.C.

Accordingly, this M.Cr.C. stands allowed and disposed of.