BHAIYALAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This first application has been filed by applicant under Sec. 439 of Code of Criminal Procedure, 1973 for grant of bail in connection with Crime No.57 of 2024 registered at Police Station Laanch, District Datia (M.P.) for offence punishable under Sec. 34(2) of Excise Act. Applicant is in judicial custody since 21/4/2024. As per the case of prosecution, on secret information, on 21/4/2024, Sub- Inspector Shreta Sikarwar of PS Laanch along-with police force reached Village Kheronaghat and intercepted the applicant at his house. The applicant was found in possession of country-made plain liquor total quantity 54 bulk liters. Illicit liquor was seized from the possession of applicant. Applicant was arrested on spot. On such allegations, PS Kadwaya registered FIR at Crime No.57 of 2024 for offence punishable under Sec. 34(2) of Excise Act against applicant. Applicant is in custody since 21/4/2024, he is in custody ever since. Investigation is underway. Learned Counsel for the applicant in addition to the grounds mentioned in the application, submits that applicant has been falsely implicated in the matter. No offence as alleged is made out against applicant. Applicant is aged around 60 years and is agriculturist by profession. There is no likelihood of his absconsion leaving family, home and profession. No further custodial interrogation of applicant is needed. There is no likelihood of tampering with evidence by applicant. There is no likelihood of repeat of offence by applicant. The alleged offence is triable by Judicial Magistrate First Class. The trial would take time to complete. Therefore, applicant may be extended the benefit of bail. Per contra, learned Counsel for the State opposes the bail application and cites criminal history of three cases against the applicant.

(2.) In reply, learned Counsel for the applicant submits that the applicant was acquitted in two cases registered against him under the MP Excise Excise Act. Other case is pending for trial and he has never been convicted. Heard learned counsel for the parties and perused the case diary. Considering the arguments advanced by both the parties and overall circumstances of the case, regard being old age of the applicant, but without commenting on merits of the case, this Court is inclined to release the applicant on bail. Thus, the application is allowed. Accordingly, it is directed that applicant BHAIYALAL shall be released on bail in relation to Crime No.57 of 2024 registered at Police Station Laanch, District Datia (M.P.) for offence punishable under Sec. 34(2) of Excise Act upon furnishing a personal bond in the sum of Rs.50,000.00 (Rupees fifty thousand only) with one solvent surety of the same amount to the satisfaction of the Trial Court, for compliance with the following conditions, : (For convenience of understanding by accused and surety, the conditions of bail are also reproduced in Hindi as under):-