Habib vs State Of M.P

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 the offence punishable under Section 34(2) of MP Excise Act registered with Police Station-Machalpur, District

Rajgarh (Biaora) in Crime No.388/2019.

Learned counsel for the applicant submits that 3951 bulk litre of illicit liquor has been seized from the Truck during the course of transportation by the

driver and cleaner/co-accused Kasim and Ajay. He further submits that the applicant had sold the Truck to co-accused Ramesh on 21.12.2018 by

executing the agreement, which is already seized by the State. He also submits that as per the memorandum of the co-accused Kasim and Ajay, the

Truck was given to them and the liquor was loaded in the Truck at the instance of co-accused Ramesh. He further submits that the applicant is not

involved in the commission of offence and he has no criminal antecedents and he is in custody since 1.10.2020, the investigation is complete and

Challan has been filed. 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 referred to the memorandum of co-accused Kasim and

Ajay recorded under Section 27 of the Evidence 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-Habib 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 the trial before the Trial Court out of which this bail arises. Any default in attendance in Court would result in

automatic cancellation of the bail granted by this Court.

C.C. as per rules.