Sonu @ Swarn Kumar vs State Of M.P

Vishnu Pratap Singh Chauhan, J

Heardon this third application filed by the applicant under Section 439 of Code of Criminal Procedure for grant of bail.

The applicant isin jail since 14.07.2020 inconnection with Crime No.210/2020, registered at Police Station-Katangi, District-Jabalpur for commission of

offence under Section 34 (2) of M.P. Excise Act, 1915.

His earlier two applications for bail have been dismissed by this Court on merits looking to the huge amountof country made liquorfound in possession

of the applicant.

Learned counsel for the applicant submits that this third application has beenfiledin changecircumstancesthat afterdismissal oftwo bail applications,

prosecution has examined two independent seizure witnesses i.e. Dharmendra (PW-1) and Rahul (PW-2). Both the witnesses not supported the

seizure and factum of memorandum. They turned hostile and not stated anything against the applicant in leading questions.

Learned Panel Lawyer for the State vehemently opposes the application and submits that previous two applications have already been dismissed.

There is no change in circumstances, therefore, it has been prayed that this application may be dismissed.

Having heard counsel for the parties and on going through the statement of witnesses, no doubt both the witnesses not supported the proceedings of

the memorandum and information given by the applicant. They have not supported the seizure, which has been seized at the instance of the applicant.

In such circumstance, there seems to be material change found in the case.

Keeping in view the facts and circumstances of the case as discussed above, this Court is inclined to release the applicant on bail.

It is directed that applicant-Sonu @ Swarna Kumar shall 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 witha

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 Cr.P.C.

This order shall be effective till the end of the trial, however, in case of bail jump, it shall become ineffective.

Jail authorities and State Government are directed to follow the guidelines issued by the Health Ministry in the wake of Novel Corona Virus, before

and after releasing the applicant.

Certified copy as per rules.