Umesh vs State of Madhya Pradesh

This is the first bail application filed by applicant under Section 439 of Cr.P.C. for grant of regular bail relating to Crime No.349/2023, registered at Police Station-Tejaji Nagar, District Indore (M.P.) for the offence under Section 34(2) of M.P. Excise Act, 1915.

As per the prosecution story, during the search 150.04 bulk litres foreign liquor was recovered from the possession of co-accused and present applicant being the owner of vehicle has been implicated in this offence.

Learned counsel appearing for the applicant submitted that the applicant is innocent and he has falsely been implicated in the alleged offence. The alleged liquor has been recovered from unknown person and nothing has been recovered from the possession of the present applicant. Investigation is over and charge-sheet has been filed. It is also submitted that the applicant is not having any criminal antecedents under M.P. Excise Act. Offence registered against the applicant is triable by Judicial Magistrate First Class. Applicant is in custody since 30/05/2024 and he is ready to co-operate with the investigation. In these circumstances, applicant be released on bail.

Learned counsel for the respondent / State opposed the application for grant of bail and prayed for its rejection by submitting that present applicant being the owner of the offending owner has been implicated in the offence. Hence, he does not deserve for bail.

Heard the counsel for the parties.

Looking to the aforesaid facts and circumstances of the case, without commenting on the merits of the case, bail application filed by the applicant is allowed and it is directed that the applicant shall be released on bail on furnishing a personal bond of Rs.50,000/- (Rs. Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the trial Court for his regular appearance before Court on all such dates as may be fixed in this regard during pendency of trial.

The applicant shall also abide by the following conditions of Section 437 (3) of Cr. P.C.

This order shall be effective till the end of the trial. However, in case of bail jump and breach of any of the conditions of bail, it shall become ineffective.

C.C. as per rules.