MUKESH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is first application under Sec. 439 of the Code of Criminal Procedure, 1973. The applicant is in jail since 27/4/2023 in connection with Crime No.62/2023 registered at Police Station Kaytha, District Ujjain, for commission of offence punishable under Sec. 34 (2) of M.P. Excise Act. As per prosecution story, the applicant is found to be in possession of 61.920 country made illicit liquor without having valid licence. Accordingly, a case has been registered against him.

(2.) Learned counsel for the applicant contended that applicant is an innocent person and has been falsely implicated in this offence. Investigation is complete and charge sheet has been filed. The applicant is in custody since 27/4/2023, there are no criminal antecedents against the applicant and no further custodial interrogation of the applicant is required. Hence learned counsel prays for grant of bail to the applicant. Per contra, learned learned Public Prosecutor for respondent/ State opposes the bail application and prays for rejection of the application.

(3.) Considering the facts and circumstances of the case and also keeping in view the fact that trial will take considerable long time for its final conclusion and the offence is triable by Judicial Magistrate First Class, I deem it proper to release the applicant on bail. Accordingly, without commenting on the merits of the case, the application filed by the applicant is allowed. The applicant is directed to be released on bail upon furnishing a personal bond in the sum of Rs.70,000.00 (Rupees Seventy 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 during trial with a condition that he shall remain present before the Court concerned during trial and shall also abide by the conditions enumerated under Sec. 437 (3) Criminal Procedure Code, 1973. M.Cr.C. No.22229/2023 stands disposed of. Certified copy as per rules.