RAHUL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is first application filed under Sec. 439 of Cr.P.C for grant of bail to the applicants, as they have been arrested on 25/8/2023 in connection with Crime No.232/2023 registered at Police Station Bhonti, District Shivpuri (M.P.) for commission of offence punishable under Ss. 34(2) of the M.P. Excise Act. Prosecution case, in brief, is that on 25/8/2023, the applicants were found in possession of 60 bulk litres of illicit country made liquor for the purposes of sell without having any license or authority. Learned counsel for the applicants submits that the applicants are innocent and have falsely been implicated in the matter. He further submits that nothing has been seized from the possession of the applicants. The applicants are in custody since 25/8/2023. Their custodial interrogation or trial is not required in the matter. Trial will take time for its conclusion. Hence, prayer is made to enlarge the applicants on bail.

(2.) Learned counsel for the respondent/State opposes the application and prays for its rejection. Having considered the rival submissions, quantity of the liquor said to have been seized from the possession of the applicants and also considering the overall material produced on record, this Court is of the view that applicants deserve to be enlarged on bail, hence, without commenting anything on the merits of the case, the application is allowed.

(3.) It is directed that the applicants be released on bail upon their furnishing personal bond in the sum of Rs.50,000.00 (Rupees Fifty thousand only) each with a solvent surety in the like amount each to the satisfaction of the concerned Court for their 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 applicants shall comply with the provisions of Sec. 437 (3) of Cr. P. C. This application is allowed and stands disposed of. Certified copy, as per rules.