Sukhdev @ Kailash vs State Of Madhya Pradesh

Subodh Abhyankar, J

This is the applicant’s first bail application filed under Section 439 of Cr.P.C. The applicant is implicated in connection with Crime No.119/2021

registered at Police Station Nai Aabadi, District Mandsaur (MP) for offence punishable under Section 34(2) of the Madhya Pradesh Excise Act,

1915. The applicant is in custody since 19/05/2021.

As per prosecution story, the applicant was found in possession of 56 bulk litres of unauthorized liquor.

Counsel for the applicant has submitted that the applicant is in jail since 19/05/2021 and there are no criminal antecedents of the applicant. It is further

submitted that the offence is triable by Judicial Magistrate First Class and final conclusion of the trial is likely to take sufficiently long time.

It is further submitted that under identical circumstances, co-accused has been granted bail by this Court vide order dated 5/7/2021 passed in

M.Cr.C.No.28198/2021. As such, on the grounds of parity, it is prayed that the application be allowed and the applicant be released on bail Counsel

for the respondent / State, on the other hand has opposed the prayer, however, it is not denied that the applicant has no criminal antecedents.

Having consideration rival submissions, perusal of the case diary and taking note of the fact that there are no criminal antecedents of the applicant and

the final conclusion of the trial is likely to take sufficiently long time, so also maintaining parity, without reflecting anything on the merits of the case,

the application filed by under Section 439 of Cr.P.C. on behalf of the applicant is hereby allowed.

The applicant is directed to be released on bail upon furnishing a personal bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand) with one

solvent surety of the like amount to the satisfaction of the trial Court for his/her regular appearance before the trial Court during trial with a condition

that he / she shall remain present before the court concerned during trial and shall also abide by the conditions enumerated under Section 437 (3)

Criminal Procedure Code, 1973.

It is made clear that if the applicant is again found to be involved in any other offence during the trial, this order shall stand cancelled automatically

without reference to the Court and the police will be at liberty to arrest the applicant in the present case also.

This order shall be effective till the end of the trial, however, in case of bail jump, it shall become ineffective.

Certified copy as per rules.