Ramprasad vs State Of M.P

Shailendra Shukla, J

This is second bail application under Section 439 of Cr.P.C. for grant of bail. The applicant, who is implicated in Crime No.217/2021 registered at Police Station - Simrol District Indore for the offence punishable under Sections 34(2) of M.P. Excise Act. The applicant is in custody since 15.06.2021.

Liberty had earlier been granted on 25.10.2021 to renew prayer after examination of independent witnesses.

Learned counsel for the applicant drawn Court's attention to the deposition of independent witnesses namely Durga (PW-1) and Pokhan (PW-2), both have turned hostile.

The prosecution story was that 270 bulk liters of liquor was recovered from a vehicle.

Learned counsel for the State was also heard who opposed the bail application.

Perused the case diary.

Considering the facts and circumstances of the case and the arguments mainly made by learned counsel for the applicant and deposition of independent witnesses, without commenting on the merits of the case, the application filed by the applicant 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.

C.c as per rules.