Sunny @ Vijay And Others vs State Of M.P.

Sujoy Paul, J

Regard being had to the similitude of the FIR and factual foundation, on the joint request of parties, these first bail applications filed under Section 439 of Cr.P.C. on behalf of both the applicants were analogously heard and decided by this common order.

These are first bail applications under Section 439 of Cr.P.C. for grant of bail. The applicants, are implicated in Crime No.365/2021 registered at Police Station Badgonda (Mhow) District Indore for the offence punishable under Sections 34(2) of M.P. Excise Act. The applicants are in custody since 11.07.2021.

Learned counsel for the applicant submits that accused Sunny ha no criminal record whereas Sonu was arraigned in the offence under Section 34(1) of M.P. Excise Act which has already been decided.

As per the prosecution story, 207 bulk liters of illicit liquor was recovered from joint possession of the applicants. The applicants are in custody since 11.07.2021. Challan has been filed. Hence, the applicants may be enlarged on bail.

Counsel for the State has opposed the applications by contending that applicant Sonu has a criminal record.

Considering the quantity of liquor allegedly recovered from the applicants and in view of provision of Section 59-A of the M.P. Excise Act, at this stage, no case is made out for grant of bail. The MCRCs are dismissed by reserving liberty to the applicants to renew it after the statement of seizure witnesses is recorded before the Court below.