Sunil vs State Of Madhya Pradesh

Vijay Kumar Shukla, J

This is first bail application under Section 439 of Cr.P.C for grant of regular bail in connection with crime No.747/2023 dated : not mentioned, registered at P.S. - Kotwali, Agar, Dist. Agar Malva for offences punishable under Sections 34(2) of M.P. Excise Act and Section 420, 467, 468 of IPC.

It is alleged that a raid was conducted by the police force, when the vehicle was stopped the truck driver-applicant tried to flee away, but he was caught on the spot. In the vehicle, the liquor of 4303.44 bulk liter foreign liquor was seized costing about Rs.81,13,200/-. It is further alleged that bilty and other papers which were along with the vehicle by which the goods were being sent by M/s. Pandey Traders to M/s. Sanjay Traders were found to be forged.

Counsel for the applicant submits that the applicant is a driver and he was not aware of the illicit liquor which was kept below the gunny bags and further he was also not knowing that the bilty and other documents were forged.

Counsel for the State opposes the prayer, however, submits that the persons of M/s Pandey Traders and M/s Sanjay Traders have also been made co-accused.

After hearing learned counsel for the parties and taking into consideration that the applicant is only a driver and prima facie his contention that he was not aware of the forged bilty papers, the persons, who have sent the goods and the persons and who were supposed to receive the said goods have already been made accused against whom the allegations under Section 420, 467, 468 of IPC are levelled, the applicant is in jail since 09.11.2023, the investigation has been completed, the charge-sheet has been filed and there is no criminal record, I am of the view that the applicant is entitled for grant of bail on the following condition:-

A) That the applicant shall mark his presence before the concerned Police Station once in two months during the pendency of trial.

It is directed that applicant Sunil shall be released from custody upon furnishing a personal bond of Rs.1,00,000/- (Rupees One Lakh Only) with one local surety of the like amount to the satisfaction of the Ld. Court below.

A typed copy of this order is being forwarded to the Office of the Advocate General, on their email address, for intimation to the Police Station concerned. The office is requested to forward a copy of this order to the Ld. Court below.

With the aforesaid, the application is allowed and disposed off.

Cc as per rules.