Bhagwan Singh vs State Of Madhya Pradesh

Anil Verma, J

This is the first application filed by the applicant under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail relating to Crime No.635/2023 registered at Police Station Bilpank, District Ratlam (M.P.) for the offence under Sections 34(2) of the M. P. Excise Act. The applicant is in custody since 30/10/2023.

As per the prosecution story, on 30/10/2023 police got a discrete information from the informant that a red coloured container whose number is HR-55-AM-5613 is going from Satruda to Ratlam and is carrying English liquor. Act upon the said information police party reached on the spot and intercepted the contained and during the search 4950 bulk litres foreign liquor has been recovered from the container, which was being transported without any valid permit. Accordingly, a case has been registered.

Learned counsel for the applicant submits that applicant is an innocent person and he has been falsely implicated in this matter. The seized liquor was being transported in accordance with the Ware House Goods (Removal) Regulation, 2016 and with all the permissions duly granted by the Customs authority. No permit / permission is required for transportation of the custom bounded goods under the provisions of M.P. Excise Act. Investigation is over and charge sheet has been filed. Offence is triable by Judicial Magistrate First Class. Applicant is in jail since 30/10/2023. He is permanent resident of District Rohtak (Haryana) and final conclusion of trial will take considerable long time. Under the above circumstances, prayer for grant of bail may be considered on such terms and conditions, as this Court deems fit and proper.

Per-contra, learned counsel for the respondent/State opposes the bail application and prays for its rejection by submitting that permit is required as per the rules. However, he fairly admits that no criminal antecedent is found against the present applicant.

Perused the case diary as well as the impugned order of the court below.

Considering all the facts and circumstances of the case, arguments advanced by counsel for the parties, nature and gravity of allegation as also taking note of the fact that the applicant is in jail since 30/10/2023; offence is exclusively triable by JMFC; applicant has no criminal background; applicant has produced a copy of the letter issued by the Customs Department, which is also a part of case diary and final conclusion of trial will take considerable long time. Hence, I deem it proper to release the applicant on bail.

Accordingly, without commenting on the merits of the case, the application is allowed. It is directed that the applicant be released on bail upon his furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One Lakh Only) with two solvent sureties, out of which one should be local, in the like amount to the satisfaction of the trial Court for his appearance before the trial Court, as and when required. He shall abide by the conditions enumerated u/S. 437(3) Cr.P.C.

Certified copy as per rules.