Suresh Batham vs State Of Madhya Pradesh

Deepak Kumar Agarwal, J

This is the first bail application u/S.439 Cr.P.C filed by the applicant for grant of bail.

The applicant was arrested on 29.11.2021 in connection with Crime No.32/2021 by Police Station Panihar, District Gwalior (MP) for the offence

punishable under Sections 34(1) and 49(A) of MP Excise Act.

On 7.3.2021 Police Authority of Police Station Panihar has seized from the possession of the applicant-accused 5 litres of illicit liquor for which he

could not justify the possession. He was arrested and later on released on bail by Police itself. Afterwards the seized liquor was sent for chemical

analysis and as per the report of chemical analyst when it is found that the same is unfit for human consumption, the applicant was re-arrested on

29.11.2021 and sent in judicial custody.

It is submitted by learned counsel for the applicant that the applicant is innocent and he has falsely been implicated in the offence. Now investigation is

complete and charge sheet has been filed and the conclusion of trial will take its own time, hence prayed for grant of bail.

Application is opposed by the State counsel and prayed for its rejection.

Looking to the aforesaid facts and circumstances of the case, coupled with the fact that applicant is in custody from 29.11.2021 conclusion of trial will

take some time, without commenting upon the merits of the case, this Court is of the opinion that the application should be allowed and by allowing the

application it is ordered that if the applicant furnishes bail in cash for Rs. 25,000/- (Rupees twenty five thousand only) with one solvent surety in the

like amount to the satisfaction of the trial Court, he should be released on bail.

He will present during trial before the trial Court on each and every date.

Application stands allowed and disposed of.

Certified copy as per rules.