Sourabh vs State Of Madhya Pradesh

Satyendra Kumar Singh

This is first application filed under Section 439 of Cr.P.C for grant of bail to the applicant, as he has been arrested on 21.3.2022 in connection with Crime No.268/2022 registered at Police Station Rajendra Nagar, District Indore (M.P.) for commission of offence punishable under Section 34(2) of the M.P.Excise Act.

Prosecution story, in brief is that the applicant alongwith other co-accused was found having and carrying 97.5 bulk litres illicit foreign liquor amounting Rs.1,35,200/- in white colour Duster Car.

Learned counsel for the applicant submits that as per prosecution case itself when Police reached on spot applicant alongwith co-accused persons were stopped by two persons said to be officials of crime branch. Nothing was seized from the possession of the applicant. Charge sheet has been filed. He is in custody since 21.3.2022. Trial will take time to conclude, therefore, in the aforesaid circumstances, applicant is entitled for grant of bail.

Learned Government Advocate for the non-applicant/State has opposed the application and prays for its rejection.

Having considered the rival submissions, material produced on record and the fact that liquor said to be seized from possession of the applicant was not seized from his exclusive possession and also considering other facts and circumstances of the case, this Court is of the view that applicant deserves to be enlarged on bail, hence, without commenting anything on the merits of the case, the application is allowed.

It is directed that the applicant be released on bail upon his furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with a solvent surety in the like amount to the satisfaction of the concerned Court for his appearance before the Trial Court on all such dates as may be fixed in this behalf by the Trial Court during the pendency of trial. It is further directed that applicant shall comply with the provisions of Section 437 (3) of Cr. P. C.

In view of the outbreak of 'Corona Virus disease (COVID-19), the concerned Jail Authority is directed to follow the directions/guidelines issued by the Government with regard to COVID-19 before releasing the applicant.

This application is allowed and stands disposed of.

Certified copy, as per Rules.