Aakash vs State Of Madhya Pradesh

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Pranay Verma, J

They are heard. Perused the case diary /challan papers.

This is a First application under Section 439 of Criminal Procedure Code, 1973, as the applicant is implicated in connection with Crime No.517/2022 registered at Police Station Rajgarh, District Dhar (MP) for offence punishable under Section 34(2), 46 of the M.P. Excise Act, 1915.

The applicant is in custody since 15.10.2022.

As per the prosecution, on 13.10.2022, total 636 bulk liter of illicit liquor was recovered from the custody of co-accused Dinesh and upon recording of his memorandum to the effect that he had procured the said liquor from the present applicant, he has been implicated and arrested for the present offence.

Learned counsel for the applicant submits that the applicant is innocent and has falsely been implicated in the case. Besides the memorandum of co-accused recorded under Section 27 of the Evidence Act there is no other material on record against the applicant. There is no direct evidence against him. The applicant is not having any criminal antecedents and is to get married on 5th of November, 2022. On such grounds prayer for grant of bail to the applicant has been made.

The aforesaid prayer has been opposed by the learned counsel for the respondent/State submitting that in view of the allegations levelled against the applicant he is not entitled to be released on bail.

I have heard learned counsel for the parties and have perused the case diary.

The implication of the applicant appears to be solely on the basis of the memorandum of co-accused recorded under Section 27 of the Evidence Act. No recovery has been made from the applicant and there does not appear to be any direct evidence against him. The applicant is not shown to be having any criminal antecedents and his marriage is stated to be fixed for 5th of November, 2022. Thus, in my opinion, the applicant deserves to be enlarged on bail.

Accordingly, without commenting on the merits of the case, the application filed by the applicant is allowed. The applicant is directed to be released on bail upon furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety of 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 court concerned during trial and shall also abide by the conditions enumerated under Section 437 (3) Criminal Procedure Code, 1973.

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

Certified copy as per rules.