Jaspal @ Toni And Others vs State Of Madhya Pradesh

Vijay Kumar Shukla, J

This is first bail application under Section 439 of Cr.P.C for grant of regular bail in connection with crime No.03/2024 dated : not mentioned, registered at P.S. - Bagli District - Dewas for offences punishable under Sections 34(2) of M.P. Excise Act.

As per prosecution case, from the joint possession of the applicants 162.39 bulk litre liquor has been seized.

Counsel for the State submits that the investigation is still going on and the charge-sheet is not filed. As per the case diary, there is criminal record of applicant no.1-Jaspal@Toni.

At this stage, counsel for the applicants prays for withdrawal of the application in respect of applicant No.1-Jaspal@Toni with liberty to revive the application after filing of the charge-sheet.

Prayer is allowed.

With the aforesaid liberty, the application is dismissed as withdrawn in respect of applicant No.1-Jaspal@Toni.

In respect of applicant no.2-Mukesh counsel for the applicant submits that the applicant is in jail since 2.1.2024 and conclusion of trial may take time.

Counsel for the State opposes the prayer for grant of bail but fairly admits that there is no criminal record of the applicant No.2.

After hearing learned counsel for the parties and taking into consideration that the applicant is in jail since 2/1/2024 and there is no criminal record of the applicant, I am of the view that the applicant No.2 is entitled for grant of bail on the condition that the applicant shall co-operate with the investigation.

It is directed that applicant No.2 - Mukesh shall be released from custody upon furnishing a personal bond of Rs.50,000/- (Rupees Fifty thousand Only) with one surety of the like amount to the satisfaction of the Ld. Court below.

A typed copy of this order is being forwarded to the Office of the Advocate General, on their email address, for intimation to the Police Station concerned. The office is requested to forward a copy of this order to the Ld. Court below.