Sonu Gond vs State Of Madhya Pradesh

Vishal Dhagat, J

These are the first bail applications under Section 439 of the Cr.P.C 1973 for grant of bail to the applicant.

Applicants viz. Sonu Gond, Rahul Giri Goswami and Virendra Kachhi are under arrest from 14.3.2021 in connection with Crime No. 168/2021

registered at Police Station Shahpura District Jabalpur for commission of offence punishable under Section 34(2) of the M.P. Excise Act.

Counsel for the applicants submitted that Sonu Gond was driving the vehicle and Rahul Giri Goswami was helper on it. They had hidden the illicit

liquor in the vehicle and had kept vegetables over it. They were found involved in illicit transportation of huge quantity of about 1732 bulk liters of

liquor. He submitted that offence is triable by the Judicial Magistrate First Class and punishable with sentence of six months. Counsel for the applicant

further submitted that allegation against applicant Vikram Kachhi is that he was just following the vehicle. He was not present in the vehicle and he

was in other vehicle i.e. Scorpio. There is no role of applicant Virendra Kachi in the incident. Applicants are in custody since 14.3.2021 and, therefore,

their applications may be considered and they may be released on bail.

Counsel for the State has opposed the bail application. It is submitted that huge quantity of liquor has been seized from the applicants. Considering the

quantity of illicit liquor which has been seized from the applicants, their bail applications may be rejected.

Heard counsel for the parties.

Considering the period of sentence prescribed in the act and charge sheet has already been filed in the case, bail applications filed by the applicants

are allowed. It is hereby directed that the applicants shall be released on bail on their furnishing a personal bond in sum of Rs.50,000/- each with one

solvent surety in the like amount to the satisfaction of the trial Court concerned for their appearance before that Court on all dates fixed in this case

and for complying with the conditions enumerated under Section 437(3) of the Cr.P.C.

Certified copy as per rules.