Tufan Singh And Ors vs State Of Madhya Pradesh

This is first application under Section 439, Cr.P.C. for grant of bail in connection with Crime No. 460/2019, registered at Police Station-Garoth, District-Mandsaur for commission of the offence under Section 34(2) of the M.P. Excise Act, 1915.

As per prosecution story, on the basis of secret information, 60 bulk liters country made liquor has been seized from joint possession of the applicants.

Learned counsel for the applicants submitted that the applicants are innocent and they have falsely been implicated in the present crime. The applicants are in custody since 04/11/2019. Investigation is over and charge-sheet has been filed. Conclusion of trial will take considerable time. The applicant No.1 is not having any criminal antecedents; whereas, 7 criminal cases have been registered against the applicant No.2, however, this is the first case registered against him under the M.P. Excise Act. There is no possibility of his absconsion or tempering with the evidence. The case registered against the applicants is triable by Judicial Magistrate First Class. Learned counsel for the applicants also assured that in future the applicants will not faulted with the provision of Section 59(A) of the M.P. Excise Act. Under these circumstances, he prays for grant of bail to the applicants.

Learned Public Prosecutor submits that no sufficient ground is made out for releasing the applicants on bail, hence the application filed by the applicants be dismissed.

Considering the facts and circumstances of the case and the arguments advanced by learned counsel for the parties, but without commenting on the merits of the case, the application filed by the applicants is allowed. The applicants are directed to be released on bail on their  furnishing  a  personal  bond in  the  sum  of Rs.50,000/- (Rupees Fifty Thousand only) each with one separate solvent surety of the like amount to the satisfaction of the trial Court for their regular appearance before the trial Court during trial with a condition that they shall remain present before the court concerned during trial and shall also abide by the conditions enumerated under Section 437(3) Cr.P.C.

In case of bail jump this order shall become ineffective.