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Judgment
This is first application filed under section 439 of Cr.P.C in crime no.606/2019 under section 34(1) (a) and 34(2) of the Excise Act registered at police station Excise District Ratlam.
As per prosecution story, 441 bulk liters of liquor was seized from vehicle and occupant Rahul in his memorandum stated that the liquor was being taken to be delivered to the present applicant.
Learned counsel for the applicant submits that there is no evidence other than the memorandum of co-accused Rahul which in itself inadmissible against the present applicant. The applicant is in jail since 07.06.2024. The offence is triable by Judicial Magistrate. The conclusion of trial would be likely to take time, hence prayed for release of the applicant on bail.
It is further submitted that co-accused Dashrath and Heeralal have been granted bail by this Court in M.Cr.C No.33729/2019 and 34843/2019 and the present applicant has parity with them.
Learned counsel for the State opposed the prayer and submits that there are six criminal cases registered against the present applicant.
As the investigation shows there is no material available against the applicant, apart from the memo of the co-accused which in itself inadmissible against the applicant. Looking to all facts and circumstances and after perusal of the case-diary, this application is allowed. The applicant is directed to be released on bail on his furnishing a personal bond in the sum of Rs.50,000-00 [Fifty Thousand Rupees] 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) of the Code of Criminal Procedure.