VIRENDRA S/o RAKESH RATHORE v. STATE OF MADHYA PRADESH
2022-11-02
SANJAY DWIVEDI
body2022
DigiLaw.ai
ORDER : – This first application under section 439 of the Code of Criminal Procedure has been filed on behalf of the applicant for grant of bail, who is behind the bars since 8-9-2022 in connection with Crime No. 142/2022 registered at Police Station Excise Circle Itarsi, District Narmadapuram (M. P.) for the offence punishable under section 34(1) and 34(2) of M. P Excise Act. 2. As per prosecution case, the applicant was found in illegal possession of 54 bulk litres of country-made liquor, for which he had no licence or permit. 3. Learned counsel for the applicant submits that the applicant is in jail since 8-9-2022. He submits that the applicant has no criminal past relating to Excise Act and that the offence is triable by the Court of Judicial Magistrate First Class and trial would take time to be concluded. On these grounds, he prays that the applicant may be enlarged on bail. 4. In contrast, learned counsel for State has opposed the bail application and prays for its dismissal. 5. Considering the overall facts and circumstances of the case, I am inclined to grant bail to the applicant. However, without commenting anything on merits, application is allowed. 6. It is directed that the applicant be released on bail upon his furnishing a personal bond in the sum of Rs. 1,00,000/- (Rupees One Lakh) with one solvent surety of the like amount to the satisfaction of the trial Court concerned for his appearance on the dates given by it. 7. It is further directed that the applicant shall abide by the conditions enumerated in section 437(3) of the Code of Criminal Procedure. 8. Certified copy as per rules.