Vasudev vs State Of MP

G.S. Ahluwalia, J

This second repeat application under Section 439 of Cr.P.C. has been filed for grant of bail. First bail application of the applicant was dismissed by order dated 14/03/2022 passed in MCRC No.12815/2022.

The applicant has been arrested on 22/02/2022 in connection with Crime No.45/2022 registered at Police Station Saraichola, District Morena for offence under Section 34(2) of Excise Act.

The first bail application of the applicant was dismissed by order dated 14/03/2022 passed in MCRC No.12815/2022 with liberty to revive the prayer after undergoing some reasonable period of detention. According to the prosecution case, 518 bulk liters of English liquor has been seized from the possession of the applicant. It is submitted that the investigation is over and police has filed charge-sheet. The applicant has no criminal history and the Trial is likely to take sufficiently long time and there is no possibility of his absconding or tampering with the prosecution case.

Per contra, the application is vehemently opposed by the counsel for the State. However, it is fairly conceded that the applicant has not criminal history.

Considering the period of detention and without commenting on the merits of the case, the application is allowed. It is directed that the applicant be released on bail on furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac) with one surety in the like amount to the satisfaction of the Trial Court/Committal Court to appear before the Court on the dates given by the concerned Court.

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

In the light of the judgment passed by the Supreme Court in the case of Aparna Bhat and others Vs. State of M.P. Passed on 18.03.2021 in Criminal Appeal No. 329/2021, the intimation regarding grant of bail be sent to the complainant.

Certified copy as per rules.