JUDGMENT Rajendra Kumar (Verma), J. - This is the first application filed by the applicant under Section 439 of Criminal Procedure Code, 1973, for grant of bail during trial. The applicant is facing trial in connection with Crime No.26/2021 registered at Police Station Dhamnod, District Dhar for offence under Section 34(2) of M.P. Excise Act, 1915. Applicant is in jail since 12/12/2022. 2. A s per the prosecution story, on 14/01/2021 on the basis of discrete information police intercepted a vehicle bearing registration number MP-20-CC-2816 and recovered 171 bulk liters liquor which was being transported illegally and unauthorizedly. The driver of the vehicle ran away from the spot. During investigation, present applicant who is the owner of the offending vehicle has been arrested. Accordingly, an offence has been registered. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present crime. Investigation is over and charge-sheet has been filed. He is only the owner of the vehicle from which the liquor was seized. Applicant has no criminal antecedent. Applicant is also suffering from sever liver diseases and his hand is also severely fractured. He is in custody since 12/12/2022 and conclusion of trial will take sufficient long time. Under these circumstances, prayer was made for grant of bail to the applicant. 4. Learned Government Advocate opposed the application and prayed for its rejection. 5. I have heard the learned counsel for the parties and perused the record. Looking to the facts and circumstances of the case and the arguments advanced by the learned counsel for the parties, on perusal of the material available on record including the case diary, without commenting on the merits of the case, this application is allowed. 6. It is directed that the applicant be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the trial court for securing his presence before the said Court on all the dates of hearing fixed in this regard during trial. It is also directed that the applicant shall comply with the provisions of Section 437(3) Cr.P.C. 7.
It is also directed that the applicant shall comply with the provisions of Section 437(3) Cr.P.C. 7. This order shall remain effective till the end of the trial, but in case of bail jump and breach of any of the pre-condition of bail, it shall become ineffective and cancelled without reference to this Bench. 8. The M.Cr.C. stands allowed and disposed off. Certified Copy as per rules.