Vijay Rathore vs State Of Madhya Pradesh

Rajendra Kumar Verma, J

Heard on this first bail application filed by the applicant Vijay Rathore under Section 439 of Code of Criminal Procedure for grant of bail.

The applicant is in jail since 07.06.2021 in connection with Crime No.329/2021, registered at Police Station-Banda District- Sagar (M.P.) for the

offence under Section 34(2) of the M.P. Excise Act, 1915.

T h e prosecution case against the applicant, in short, is that, the applicant was apprehended with 66 bulk litres of liquor without having any valid

license or authority.

Learned counsel for the applicant submits applicant has been falsely implicated in the case. Similarly placed co-accused person had already been

enlarged on bail by order dated 30.06.2021 passed in M.Cr.C.No.26724/2021. The applicant is in custody since 07.06.2021 and the case of the present

applicant is similar to the aforesaid co-accused person. He further submits that applicant has no criminal antecedents, therefore, it has been prayed

that on the ground of parity applicant be released on bail.

Learned Government Advocate for the respondent/State on the other hand has opposed the application but he has fairly conceded that no offence has

been registered against the applicant under the same act.

Considering the overall facts and circumstances of the case and also the fact that similarly placed co-accused person had already been released on

bail, I deem it appropriate to release the applicant on bail maintaining the parity with the co-accused person, therefore, without commenting on the

merits of the case, the application is allowed.

Consequently, this application for bail under Section 439 of the Code of Criminal Procedure filed on behalf of applicant stands allowed.

It is directed that applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty thousand only) with one

solvent surety in the like amount to the satisfaction of the trial Court, for his regular appearance before the trial Court during trial with a condition that

he shall remain present before the concerned Court during trial and shall also abide by the conditions enumerated under Section 437(3) of Cr.P.C.

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

Jail authorities and State Government are directed to follow the guidelines issued by the Health Ministry in the wake of Novel Corona Virus, before

and after releasing the applicant.

Certified copy as per rules.