Shubham vs State Of Madhya Pradesh

This is first application under Section 439, Cr.P.C. for grant of bail in connection with Crime No. 999/2019, registered at Police Station-Vijay Nagar, District-Indore for commission of the offence under Section 34(2) of the M.P. Excise Act, 1915.

As per prosecution story, on the basis of secret information, 63 bulk liters country made liquor has been seized from possession of the applicant.

Learned counsel for the applicant submitted that the applicant is a youth of 22 years and this is the first offence registered against the applicant under MP Excise Act. 63 bulk liters of country made liquor is alleged to have been recovered from the possession of the applicant. The applicant is in custody since 21/10/2019. Investigation is over and charge-sheet has been filed. There is no possibility of his absconsion or tempering with the evidence. The case registered against the applicant is triable by Judicial Magistrate First Class. Conclusion of trial will take sufficient long time. Learned counsel for the applicant also assured that in future the applicant will not faulted with the provision of Section 59(A) of the M.P. Excise Act. Under these circumstances, he prays for grant of bail to the applicant.

Learned Public Prosecutor submits that no sufficient ground is made out for releasing the applicant on bail, hence the application filed by the applicant be dismissed.

Considering the facts and circumstances of the case and the arguments advanced by learned counsel for the parties, but 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 on his furnishing a personal bond in the sum of Rs.50,000/-(Rupees Fifty Thousand only) with one solvent surety of the like amount to 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) Cr.P.C.

In case of bail jump this order shall become ineffective.

Certified copy as per rules.