Vijay Kushwah vs State Of Madhya Pradesh

Satyendra Kumar Singh, J

Perused the case diary.

This is first application filed under Section 439 of Cr.P.C for grant of bail to the applicant, as he has been arrested on 04.07.2023 in connection with Crime No.68/2023 registered at Police Station Crime Branch, District Gwalior (M.P.) for commission of offence punishable under Sections 34(2) of the M.P. Excise Act.

Prosecution case, in brief, is that on 04.07.2023, applicant along-with co-accused-Hukum Singh was found carrying 56 bulk liters of illicit liquor on motor cycle bearing registration number MP07 ND 2292 for the purpose of sell without having any license or authority.

Learned counsel for the applicant submits that applicant has not committed any offence. Nothing has been seized from his possession. He has falsely been implicated in the matter by the police by showing false seizure. He is in custody since 04.07.2023. The trial will take time to conclude, therefore, in the aforesaid circumstances, applicant is entitled for grant of bail.

Learned counsel for the respondent/State opposes the application and submits that applicant has a criminal history and one more criminal case has been registered against him.

Having considered the rival submissions, material pointed out by the learned counsel for the applicant, quantity of liquor said to be seized from the possession of the applicant and co-accused and the facts and circumstances of the case, this Court is of the view that 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 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.

This application is allowed and stands disposed of.

Certified copy, as per Rules.