Manish Giri Goswami vs State Of Madhya Pradesh

Vishal Dhagat, J

This is first bail application of applicant under Section 439 of the Code of Criminal Procedure for grant of bail to applicant.

The applicant has been arrested on 14.03.2021 in connection with Crime No.168/2021 registered at Police Station-Shahpura, District Jabalpur (M.P.), for commission of offence punishable under Section 34(2) of M.P. Excise Act.

As per the prosecution story, police on checking seized 1732 bulk litres of country made liquor from a pickup van bearing registration No.MP-05-6957. Said pickup van was driven by one Sonu Thakur and one Rahul Goswami was his helper.

Learned counsel appearing for applicant submitted that applicant was in a Scorpio vehicle which was behind this pick-up vehicle. It is further submitted that only allegation against the applicant is of criminal conspiracy under section 120-B of helping the accused persons and following the said vehicle. There is no other evidence against the applicant. In these circumstances, counsel for the applicant prayed for grant of bail to applicant.

Learned Govt. Advocate for the State opposed the prayer for grant of bail to the applicant. It is submitted by her that applicant was in conspiracy with other co-accused persons who were transporting illicit liquor. The quantity of liquor which has been seized is huge. Considering the same, application may be rejected.

On basis of evidence available in the case diary, it is clear that applicant was in Scorpio vehicle bearing registration No.MP-28-C-3055. Said vehicle was not carrying any liquor and only allegation against the applicant is that he was in conspiracy with other co-accused persons. His vehicle was behind the pick-up van as follow vehicle.

In view of the aforesaid facts and circumstances of the case, without expressing any opinion on the merits of the case, bail application filed on behalf of applicant is allowed.

It is directed that applicant Manish Giri Goswami be released on bail on his furnishing personal bond of Rs.50,000/- (Rs. Fifty Thousand only) with solvent surety in the like amount to the satisfaction of the C.J.M Patan.

The applicant shall abide by the conditions enumerated under Section 437(3) of Cr. P. C.

C.C as per rules.