RAJU Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Perused the case diary. This is first application filed under Sec. 439 of Cr.P.C for grant of bail to the applicant, as he has been arrested on 22/6/2023 in connection with Crime No.209/2023 registered at Police Station - Lateri, District Vidisha (M.P.) for commission of offence punishable under Sec. 49(A) of the Excise Act. Prosecution case, in brief, is that the applicant was found in possession of 10 litres of illicit spurious liquor for the purpose of sell. Learned counsel for the applicant submits that the applicant is innocent and has falsely been implicated in the case. Nothing has been seized from his possession. He has no criminal antecedents. He is in custody since 22/6/2023. There is nothing on record to suggest that the liquor was spurious in nature. His custodial interrogation is not required in the matter. Trial will take time for its conclusion. Hence, prayer is made to enlarge the applicant on bail.

(2.) Learned counsel for respondent/State opposed the application and prayed for its rejection. Having considered the rival submissions, quantity of liquor said to be seized from the possession of applicant and the over all facts and circumstances of the case, this Court is of the view that the applicant deserves 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 applicant be released on bail, upon his furnishing personal bond in the sum of Rs.50,000.00 (Rupees Fifty thousand only) with a solvent surety in the like amount 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.