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Judgment
Prem Narayan Singh, J
Heard and perused the record.
This is first bail application filed on behalf of the applicant under Section 439 of the Code of Criminal Procedure, 1973 for grant of bail. The applicant is arrested in relation to Crime/FIR No.820/2023, registered at Police Station Thana Industrial Area, District Dewas (MP) for offence under Section 34(2) of M.P. Excise Act 1915. Applicant is in custody since 28/09/2023.
As per prosecution story, 2169 bulk liters of illicit liquor is said to be seized from the possession of co-accused. The present applicant has been implicated only on the basis of memorandum of co-accused recorded under Section 27 of the Indian Evidence Act.
Learned counsel for the applicant submits that the applicant is innocent and has falsely been implicated in this case. The applicant is in jail since 28/09/2023. He submitted that the main accused is Kanu from whose possession the illicit liquor was seized whereas, the present applicant was implicated only on the basis of memorandum of co-accused recorded under Section 27 of the Indian Evidence Act. The case is triable by Judicial Magistrate First Class and final conclusion of trial will take sufficient long time. Under these circumstances, counsel prays for grant of bail to the applicant.
On the other hand, learned Govt. Advocate opposed the prayer and submitted that huge quantity of illicit liquor has been recovered from the possession of co-accused and the present applicant, hence, application for grant of bail to the applicant be rejected.
After hearing learned counsel for the parties and looking to the facts and circumstances of the case, I am of the view that it is a case, in which applicant may be released on bail. Consequently, without commenting on the merits of the case, first bail application under Section 439 of the Code of Criminal Procedure for grant of bail filed on behalf of applicant, stands allowed.
It is directed that applicant 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 in 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 concerned Court on all the dates fixed by it during trial. He shall abide by all 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 and breach of any of the conditions of bail, it shall become ineffective.
Certified copy as per rules.