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Judgment
Vivek Rusia, J
This is first application filed u/s 439 Cr.P.C seeking bail in connection with Crime No.175/2021 registered at police station Biaora City, district Rajgarh
for the offence u/s 34(2) of the M.P Excise Act.
As per prosecution case 80 bulk liters of country made illicit liquor has been recovered from the joint possession of the applicants.
Learned counsel for the applicants submits that applicants have been falsely implicated in the offence. There is no criminal antecedents against them.
They are in custody since 18.03.2021. The offence is triable by Magistrate. The investigation is complete and charge sheet has been filed. There is no
likelihood of early conclusion of the trial, hence prayed for release of the applicant on bail.
Prayer is opposed by the learned counsel for the respondent/State.
Case-diary perused.
Taking into consideration the quantity of contraband alleged to have been recovered from the joint possession of the applicants coupled with the fact
that they are in custody since 18.3.21 and there is no criminal antecedents against them, without commenting on the merit of the case, the application
is allowed and the applicants are directed to be released on bail upon each of them furnishing personal bond in the sum of Rs.40,000/- (Rupees Forty
Thousand) with one surety in the like amount to the satisfaction of the trial Court for their appearance before the trial Court on all such dates as may
be fixed in this behalf by the trial Court during the pendency of trial and shall also abide by the conditions enumerated under section 437(3) Cr.P.C.
The applicants shall mark their presence before the concerned police station on the first Monday of every month till the conclusion of the trial.
Before releasing the applicants from the custody the jail authorities are directed to medically examine them in order to rule out the possibility of
COVID -19 infections and shall comply with the direction given by the Hon'ble Apex Court in Writ Petition No. 1/2020.
C.c as per rules.