ANKIT Vs. STATE OF M P

JUDGEMENT

(1.) By this application filed under Section 439 of the Cr.P.C., applicant Ankit s/o Ramchandra Chouhan has moved the application for grant of bail being implicated in crime No.130/2014 registered by police station Chandan Nagar, Indore for offence under Sections 34(2), 36/ 46 of the M.P. Excise Act. Counsel for the applicant has vehemently urged the fact that it was a case of false implication. Even if the prosecution allegations are considered, Counsel submitted that the applicant is only 19 years of age and if at all this is first offence by the applicant. Moreover, Counsel submitted that only 72 bulk liters of country made liquor has been seized from the joint possession of the applicant and co -accused Ravi, who has been granted bail by this Court in M.Cr.C.No.2779/2014. Counsel further submitted that the applicant has full chance of success in the trial and the trial is likely to take a long time. Hence, on the grounds of parity, Counsel prayed for grant of bail since he has been arrested on 7/1/2014.

(2.) Counsel for the respondent/State, on the other hand, has opposed the submissions of the Counsel for the applicant. He however,candidly admitted that co -accused Ravi has already been granted bail by this Court. However, Counsel prayed for dismissal of the application. On considering the above submissions, material available in the case diary and looking to the nature of allegations and the impugned order, I find that the application for grant of bail needs to be allowed and it is hereby allowed in the interest of justice. However, stringent condition needs to be imposed.

(3.) Therefore , it is ordered that the applicant be released on bail on his furnishing a personal bond for a sum of Rs.50,000/ - (Rupees Fifty thousand only) with one surety in the like amount to the satisfaction of the Trial Court for his appearance before the concerned trial Court on all dates of hearing as may be fixed by the Trial Court in this behalf during the pendency of trial.