Bansi vs State of M.P.

Heard on the question of grant of bail through video conferencing.

This is the second application made by the applicant under Section 439 Cr.P.C. for grant of bail during trial. Earlier bail application being M.Cr.C.

No.14914/20 was dismissed as withdrawn vide order dated 3.6.2020.

Notice of this application was served on the State counsel. Case diary as per the direction of this Court has been produced and it has been perused.

The applicant is facing trial for offence punishable under Section 34(2) of the MP Excise Act registered with Police Station Birlagram, Nagda, District

Ujjain, in Crime No.97/2020.

Learned counsel for the applicant submits that 72 bulk litre of illicit liquor has been seized from the custody of the present applicant and that the

offence is triable by the Magistrate and the applicant is in custody since 28.3.2020. He further submits that in the present case the complainant as also

investigating officer are the same, therefore, in terms of the judgment of the Supreme Court in the case of Mohanlal Vs. State of Punjab reported in

AIR 2018 SC 3853 as also the subsequent judgment in the case of Varinder Kumar Vs. State of Himachal Pradesh in Criminal

Appeal No.2450-2451 of 2010 dated 11.2.2019 there is no possibility of conviction of the applicant.       Â

He further submits that the applicant has been implicated falsely because of his past criminal antecedents. He submits that earlier six cases under

Section 34(1) of the Excise Act were registered and one case under Section 34(2) of the Excise Act was registered in the year 2016, which is still

pending and under trial. He has further submitted that the applicant is not guilty of the alleged offence and he is not likely to commit any offence while

on bail.

In reply, learned counsel for the State has opposed the application for grant of bail and has submitted that the judgment in the case of Mohanlal (supra)

was referred to the larger Bench, which had heard the arguments on 5.11.2019 and the judgment is awaited.

Having regard to the circumstances of the case which have been pointed out by counsel for the applicant and considering the period of custody of the

applicant, I am of the opinion that a case for grant of bail is made out.

Accordingly the M.Cr.C. is allowed and it is directed that the applicant-Bansi is directed to be released on bail upon his furnishing a personal bond in

the sum of Rs.35,000/- (Rs. Thirty Five Thousand) with one surety in the like amount to the satisfaction of the Trial Court for his appearance as

and when directed.

The applicant will attend each hearing of his trial before the Trial Court out of which this bail arises. Any default in attendance in Court would result in

cancellation of the bail granted by this Court.

Certified copy as per rules.