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Judgment
Prakash Shrivastava, J
This is an application made by the applicant under Section 439 Cr.P.C. for grant of bail during trial.
Notice of this application was served on the State counsel. Case diary as per the direction of this Court has been produced and it has been perused.
The applicant is facing trial for offence punishable under Section 49(A) of the M.P. Excise Act, registered with Police Station Mahakal, District Ujjain
in Crime No.810/2020.
Learned counsel for the applicant submits that 4.8 liters of illicit liquor stated to be unfit for human consumption has been recovered from the present
applicant. He further submits that no FSL report has been received till now to show that the liquor was unfit for human consumption. He also submits
that the offence is under the Excise Act and that the minimum sentence prescribed for the alleged offence is 2 months, which the applicant has
already completed, as he is in custody since 15.10.2020. He also submits that the investigation is complete, challan has been filed and conclusion of
trial is likely to take time. He has further submitted that applicant is not guilty of the alleged offence and he is not likely to commit any offence while
on bail.
Learned counsel for the State has opposed the application for grant of bail and has submitted that earlier in the year 2015 a case for offence under the
IPC was registered against the applicant.
On perusal of the case diary and considering the circumstances of the case, I find prima facie force in the submissions made by the counsel for
applicant. Hence, I am of the considered view that the application for grant of bail deserves to be allowed and is accordingly allowed.
The applicant is directed to be released on bail on his furnishing a personal bond in the sum of Rs.35,000/-(Rupees Thirty Five Thousand) with one
surety in the like amount to the satisfaction of the Trial Court for his appearance as and when directed.
The applicant will attend each hearing of his trial before the Trial Court out of which this bail arises. Any default in attendance in Court would result in
cancellation of the bail granted by this Court.