Shubham @ Choti vs State Of Madhya Pradesh

This is first application under Section 439, Cr.P.C. for grant of bail in connection with Crime No.564/2019, registered at Police Station-Hiranagar, District-Indore for commission of the offence under Sections 49(A) and 34 of the M.P. Excise Act, 1915.

As per prosecution story, on 17/08/2019, on the basis of secret information, 10 liters illicit liquor has been seized from the possession of the applicant, which was unfit for human consumption.

Learned counsel for the applicant submits that the applicant is a youth of aged about 24 years and he has not committed any offence. This is the first case registered against the applicant under Excise Act. 10 liters country made liquor alleged to have been recovered from the possession of the applicant, which is suspected to be poisonous or unfit for human consumption, however, there is no chemical analysis report is available on record to substantiate the aforesaid fact. Under these circumstances, at this stage no alleged offence under Section 49(A) of the MP Excise Act is made out against the applicant, who is in custody since 17/08/2019. Investigation is over and charge-sheet has been filed. Conclusion of the trial will take sufficient long time. There is no possibility of his absconsion or tempering with the evidence. Under these circumstances, learned counsel for the applicant prays for grant of bail to the applicant.

Learned counsel for the State 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.

If the report of the Forensic Chemical Analysis is found that the liquor was poisonous or unfit for human consumption then this order shall automatically be cancelled and the trial Court is at liberty to take the applicant in custody.

In case of bail jump this order shall become ineffective.

Certified copy as per rules.