Sudhir vs State Of Madhya Pradesh

Nandita Dubey, J

This is the first bail application filed by the applicant under Section 439 of the Cr.P.C.

The applicant has been arrested by Police Station Chaigoan Makhan, District Khandwa in connection with Crime No.97/2021 registered in relation to

the offences punishable under Section 34(2) of M.P. Excise Act.

As per prosecution, on the information of an informer, 1026 ltr. of illegal liquor was seized from the possession of co-accused Rajesh, who was driving

Chhota Hathi. Rajesh in his memorandum has disclosed that he has purchased the said liquor from the present applicant. On the basis of the

memorandum of Rajesh, the present applicant was, thereafter, implicated as a co-accused in the case.

Learned counsel for the applicant submits that the applicant has been falsely implicated and made an accused only on the basis of the memorandum of

Rajesh. The applicant has no past record and is not involved in any kind of crime. It is prayed that he may be released on bail.

Learned Panel Lawyer for the respondent/State has opposed the bail application and prayed for rejection of the same. However, it is fairly submits

that the applicant has been made an accused only on the basis of the memorandum of Rajesh and the applicant has no past criminal record.

Considering the overall facts and circumstances of the case and the fact that the applicant has no criminal antecedent, without adverting to the merits

of the case, this application is allowed. It is directed that applicant be released on bail on his furnishing a personal bond in the sum of Rs.50,000/-

(Rupees Fifty Thousand only) with one surety in the like amount to the satisfaction of the trial Court/committal Court for his appearance on the dates

given by the concerned Court. It is further directed that the applicant shall also comply with the provisions of Section 437(3) of Cr.P.C.

A typed copy of this order be forwarded by the Registry to the Office of the Advocate General and to the concerned learned Panel Lawyer, on their

respective email address for intimation to the Police Station concerned. The office is requested to forward a copy of this order to the learned Court

below also.

Certified copy/e-copy as per rules/directions.