SANJAY YADAV Vs. STATE OF M P

JUDGEMENT

(1.) By this application filed under Section 439 of the Cr.P.C., applicant Sanjay Yadav s/o Ashok Yadav has moved the application for grant of bail being implicated in crime No.20/2014 registered by police station Khachrod, District Ujjain for offence under Sections 34(2) 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 present applicant has been arrested merely because he was the owner of the motorcycle in which 56 bulk liters country made illicit liquor has been found. Counsel further submitted that co -accused Raju has already been granted bail by this Court in M.Cr.C. No.2200/2014 on 28/3/2014. Moreover, Counsel submitted that the applicant is only 25 years of age and he has been arrested 10/1/2014 and if at all this is the first offence by the applicant. Counsel submitted that the challan has been put up and the applicant is no longer required for investigation and the trial is likely to take a long time. Hence, Counsel prayed for grant of bail. Counsel for the respondent/State, on the other hand, has opposed the submissions of the Counsel for the applicant. He has however,candidly admitted on the basis of the report received the Officer -in -Charge police station Khachrod, District Ujjain that there is no other criminal case recorded against the present applicant and that co -accused Raju has already been granted bail. However, Counsel prayed for dismissal of the application.

(2.) On considering the above submissions, material available in the case diary and looking to the nature of allegations and the impugned order and looking to the young age of the applicant, 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.