Malkhan vs State Of M.P.

Sujoy Paul, J

This is first bail application under Section 439 of Cr.P.C. for grant of bail. The applicant is implicated in Crime No.451/2021 registered at Police Station Lasudiya District Indore for the offence punishable under Sections 34(2) of M.P. Excise Act. He is in custody since 27.07.2021.

Counsel for the applicant submits that the illicit liquor is allegedly recovered from three women and all of them have been granted bail by this Court. The applicant is arraigned on the basis of statements of co-accused Dharmendra Yadav recorded under Section 27 of the Evidence Act. Co-accused Dharmendra Yadav has also got anticipatory bail in MCRC No.26698/2021. The applicant is in custody since 27.07.2021. The applicant is having no criminal record. The conclusion of trial in this Covid-19 era will take time. Hence, He may be enlarged on bail.

The prayer is opposed by learned Counsel for the State, but he fairly admitted that (i) challan has been filed; (ii) in the case diary, there is nothing to suggest that the applicant has criminal record; (iii) co-accused persons have already enlarged on anticipatory/regular bail.

I have heard the parties and perused the record.

Considering the aforesaid and the fact that co-accused persons have already been enlarged on anticipatory/regular bail, without commenting on the merits of the case, I deem it proper to enlarge the applicant on bail. The application filed by the applicant Malkhan is allowed. The applicant is directed to be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety of the like amount to the satisfaction of the trial court for his regular appearance before the trial court during trial with a condition that he shall remain present before the court concerned during trial and shall also abide by the conditions enumerated under section 437(3) Cr.P.C.

With the aforesaid, the application stand disposed of.

Certified copy, as per rules.