NITESH KUCHBANDIYA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is the third bail application under Sec. 439 of Criminal Procedure Code, 1973, filed by the applicant for grant of bail. The first bail application was dismissed as withdrawn with liberty to to renew the prayer after three months vide order dtd. 25/1/2023 in M.Cr.C. No. 1548/2023 and second application is dismissed as withdrawn vide order dtd. 13/2/2023 passed in M.Cr.C. No.7055/2023.

(2.) T he applicant has been arrested relation to FIR/Crime No.70/2022 registered at Police Station Narmadapuram District Narmadapuram for the offence punishable under Sec. 34(2) of the IPC. As per prosecution 308.28 bulk litres of illegal liquor has been seized from joint possession of the applicant and other co-accused persons. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. Learned counsel for the applicant further submits that the illegal liquor was seized from open place not from exclusive possession of the applicant. The applicant is in custody since 27/12/2022. Charge-sheet has been filed. The conclusion of trial will take sufficient time. On the aforesaid grounds, prayer is made to release the applicant on bail. Learned Panel Lawyer has opposed the application and prayed for its rejection on the ground that applicant has criminal antecedent. Looking to the facts and circumstances of the case, on a perusal of the material available on record including the case diary, without commenting on the merits of the case, this application is allowed.

(3.) It is directed that the applicant be released on bail upon his furnishing personal bond in the sum of Rs.50,000.00 (Rupees Fifty Thousand only) with two solvent surety of Rs.25,000.00 each to the satisfaction of the concerned Court for his appearance before the Trial Court on all such dates as may be fixed in this behalf by the Trial Court during the pendency of trial. It is further directed that applicant shall comply with the provisions of Sec. 437 (3) of Cr.P. C.