DEVESH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The applicant has filed this First application u/S 439, Cr.P.C. for grant of bail. The applicant has been arrested by Police Station Kotwali, District Ashoknagar in connection with crime No. 638/2023 registered for the offence punishable under Sec. 34 (2) of MP Excise Act.

(2.) Allegations against the applicant/accused, in short, are that the police apprehended the applicant and recovered from his possession 60 bulk litres of country made liqour, for which, the applicant was not having any valid license. Learned counsel for the applicant argued that applicant is an innocent person and has been falsely implicated. He further argued that applicant is the only earning member of his family. The offence alleged is triable by Judicial Magistrate First Class. The applicant is in custody since 31/08/2023. Investigation is nearing completion and further custodial interrogation of the applicant may not be required. The applicant is permanent resident of District Ashoknagar. Conclusion of trial is likely to take time and there is no likelihood of his absconsion, if released on bail. On these grounds, he prays for grant of bail to the applicant. On the other hand, learned State counsel vehemently opposed the application citing criminal antecedents and prayed for its rejection. Heard learned counsel for the rival parties and perused the case diary available on record.

(3.) Considering the overall facts and circumstances of the case, but without expressing any opinion on merits of the case, this application is allowed and it is directed that the applicant be released on bail on furnishing a personal bond in the sum of Rs.1,00,000.00 (Rupees One Lakh only) with two local solvent sureties in the like amount to the satisfaction of the trial Court/committal Court.