AI Structured Summary
Not yet generated for this judgment
Judgment
Anil Verma, J
Applicant has filed this first bail application under Section 439 of the Code of Criminal Procedure, 1973. He is in jail since 24.4.2023 in connection with Crime No.239/223 registered at P.S. - Sonkatch, District Dewas (M.P.) for commission of offence punishable under Section 34(2) of the M. P. Excise Act.
As per the prosecution story, the applicant was found to be in possession of 81 bulk litres liquor unauthorisedly and illegally during the search by police. Accordingly, a case has been registered.
Learned counsel for the applicant contended that applicant is innocent and he has been falsely implicated in this matter. He further submits that there is no legal evidence available on record to connect the applicant with the aforementioned offence and no further custodial interrogation is required. Applicant is in jail since 24.4.2023. He is a permanent resident of District Dewas. Final conclusion of trial will take considerable long time. Hence, he prays that applicant be released on bail.
Per-contra, learned GA for respondent/State opposes the bail application and prays for its rejection by submitting that 5 criminal antecedents have been found against the present applicant, out of which two cases are related with M.P. Excise Act.
Perused the case diary as well as the impugned order of the court below.
Considering all the facts and circumstances of the case, arguments advanced by counsel for the parties, nature and gravity of allegation as also taking note of the fact that the applicant is in jail since 24.4.2023 and final conclusion of trial will take considerable long time, I deem it proper to release the applicant on bail.
Accordingly, without commenting on the merits of the case, the application is allowed. It is directed that the applicant be released on bail upon his furnishing a personal bond in the sum of Rs.70,000/- with one solvent surety in the like amount to the satisfaction of the trial Court for his appearance before the trial Court, as and when required. He shall abide by the conditions enumerated u/S. 437(3) Cr.P.C.
C.C. as per rules.