DHARMENDRA SINGH GURJAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is the first application filed by the applicant under Sec. 439 of the Cr.P.C. for grant of bail relating to Crime No.178 of 2024 registered at Police Station Gwalior, District Gwalior (M.P.) for the offence under Sec. 34 (2) of M.P. Excise Act. Allegation against the present applicant is that 81 bulk litres of illicit liquor has been seized from the possession of the applicant for which he was not having any valid license.

(2.) Learned counsel for the applicant argued that applicant is innocent and has been falsely implicated. He is in custody since 10/5/2024. It is further argued that liquor has already been seized, therefore, there is no requirement of further custodial interrogation of the applicant. Offence is triable by JMFC and trial is likely to take long time to conclude. Further argument is that applicant is the permanent resident of District Morena (M.P.) and there is no possibility of his absconsion or tampering with the prosecution evidence. Hence, prayed for grant of bail to the applicant. On the other hand, learned counsel for respondent/State opposed the bail application citing criminal history of the applicant and prayed for its rejection.

(3.) Heard learned counsel for the rival parties and perused the case diary. Considering the facts and circumstances of the case, but without expressing any opinion on merits of the case, this application is allowed and it is directed that the applicant be released on bail on furnishing a personal bond in the sum of Rs.1,00,000.00 (Rupees One Lakh Only) along with one solvent surety in the like amount to the satisfaction of the trial Court/Committal Court.