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Judgment
Prakash Shrivastava, J
This is an application made by the applicant under Section 439 Cr.P.C. for grant of bail during trial.
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 M.P. Excise Act registered with Police Station Mahakal, District Ujjain
in Crime no.808/2020.
Learned counsel for the applicant submits that 63 bulk liter of illicit liquor has been seized from co-accused Raju and the applicant has been implicated
only on the ground that the applicant is son of co-accused Raju. He further submits that the applicant has no criminal antecedents under the Excise
Act and his implication is on the basis of memorandum of co-accused recorded under Section 27 of the Evidence Act. He further submits that the
investigation is complete, challan has been filed and conclusion of trial is likely to take time. He also submits that the applicant is in custody since
15/10/2020 and the offence is triable by the Magistrate. 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.
Learned counsel for the State has opposed the application for grant of bail and has submitted that 2 cases for offence under the IPC were earlier
registered against the applicant but he has not disputed that this is first case under the Excise Act.
On perusal of the case diary and considering the circumstances of the case, I find prima facie force in the submissions made by the counsel for
applicant. Hence I am of the considered view that the application for grant of bail deserves to be allowed and is accordingly allowed.
The applicant is directed to be released on bail on his furnishing a personal bond in the sum of Rs.35,000/- (Rupees 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.