Suraj Singh vs State Of M.P

Satyendra Kumar Singh, J

This is first application filed under Section 439 of Cr.P.C for grant of bail to the applicant, as he has been arrested in connection with Crime No.207/2021, registered at Police Station, Malavar, District Rajgarh (M.P.) for commission of offence punishable under Section 34(2) of M.P.Excise Act.

Prosecution story, in brief, is that applicant was found having seventy bulk litres illicit liquor in his possession.

Learned counsel for the applicant submits that nothing has been seized from his possession. Place of seizure is an open place. The applicant has no criminal antecedents. He is in custody since 24.11.2021. Trial will take time for its conclusion, therefore, prayer is made to enlarge the applicant on bail.

Learned counsel for respondent/State has opposed the application. Having considered the rival submissions, quantity of seized liquor, place of seizure and also considering the other facts and circumstances of the case, this Court is of the view that the 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 is directed to 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 M.Cr.C. stands allowed and disposed of.

C. C. as per rules.