Kamlesh @ Mohan vs State Of Madhya Pradesh

B. K. Shrivastava, J

Heard upon the application filed under Section 439 of Cr.P.C on 27.04.2021 on behalf of the applicant Kamlesh alias Mohan, S/o Moolchand Lodhi,

aged about 25 years, who was arrested on 30.10.2020 in connection with Crime No.366/2020, registered at Police Station Deori, District Sagar (M.P.)

for the offence under Section 34(2) of the M.P. Excise Act.

It is submitted by the applicant's counsel that more than six months have been passed in the custody. The co-accused Shivraj has been enlarged on

bail vide order dated 18.12.2020 passed in M.Cr.C.No.36536/2020. Trial of case No.240/2020 is pending before the JMFC, Deori, District Sagar in

which four witnesses including the seizure witnesses, who turned hostile have been examined. Therefore, applicant should be enlarged on bail.

On the other side, State strongly opposed the application.

This is the third application on behalf of the applicant. First was withdrawn on 28.01.2021. Second was withdrawn on 22.03.2021. It is stated in the

order dated 28.01.2021 that previously six cases have been registered against the applicant. It appears that three cases are under Excise Act. In this

case 54 bulk liters of liquor has been seized from the possession of the co-accused Shivraj. The co-accused Shivraj has been enlarged on bail by this

Court.

Therefore, looking to custody period of the applicant, age, other circumstances of the case and without commenting upon the merits of the case, the

application is allowed. It is directed that the applicant Kamlesh alias Mohan shall be released on bail upon his furnishing a bail bond worth Rs.30,000/-

(Rupees Thirty Thousand only) and a personal bond of the same amount to the satisfaction of the trial Court.

At the time of releasing the applicant from custody, all the instructions issued by the Government related to Covid-19 shall also be followed by the

concerned authorities.

Accordingly, this M.Cr.C stands allowed.

Certified copy as per rules.