Satish @ Rahul vs State Of Madhya Pradesh

Subodh Abhyankar, J

This is the first bail application under Section 439 of Criminal Procedure Code, 1973 for grant of bail during the trial.

The applicant is facing trial in connection with Crime No.225/2021, registered at Police Station-Khudel, District-Indore (MP) for offence punishable

under Section 34(2) of M.P. Excise Act. The applicant is in custody since 12.05.2021.

As per prosecution story, 54 bulk liters of unauthorised liquor has been recovered from the joint possession of the applicant and other co- accused

persons.

Counsel for the applicant has submitted that the applicant is innocent and he has been falsely implicated in the matter. It is further submitted that

applicant has no criminal antecedents and he is in jail since 12.05.2021. It is further submitted that the final conclusion of the trial is likely to take

sufficiently long time in the wake of fresh spread of Covid-19, hence the application be allowed.

Learned counsel for the non-applicant/State on the other hand, opposed the prayer and submitted that no case is made out for grant of bail.

Having considered the rival submissions, on perusal of the case diary, it is found that 54 bulk liters of unauthorized liquor was seized from the

possession of the applicant, the applicant is in jail since 12.05.2021 and the final conclusion of the trial is likely to take sufficiently long time in the wake

of fresh spread of Covid-19, this Court finds it expedient to allow the present bail application.

 Accordingly, without commenting on the merits of the case, the application filed by the applicant is allowed.

The applicant is directed to be released on bail upon furnishing a personal bond in the sum of Rs.50,000/- the satisfaction of the trial Court for his

regular appearance before the trial Court during trial with a condition that he shall remain present before the court concerned during trial and shall also

abide by the conditions enumerated under Section 437 (3) Criminal Procedure Code, 1973.

It is also observed that after being released on bail, if the applicant again indulges himself in any criminal activity, the present bail order shall stand

cancelled without further reference to the Court and the police shall be entitled to arrest the applicant in the present case also.

 This order shall be effective till the end of the trial, however, in case of bail jump, it shall become ineffective.

 Certified copy as per rules.