Pranay Verma, J
1. They are heard. Perused the case diary /challan papers.
2. This is the First application under Section 439 of Criminal Procedure Code, 1973, as the applicant is implicated in connection with Crime
No.271/2022 registered at Police Station Manpur, District Indore (MP) for offence punishable under Section 34(2) of the M.P. Excise Act.
3. The applicants are in custody since 14.05.2022.
4 . The allegation against the applicant is that from the joint possession of applicant 252 bulk litre unauthorized liquor has been seized.
5. Counsel for the applicant submits that he has not committed any offence alleged by the prosecution. He is in jail since 14.05.2022. Investigation is
complete and challan has been filed. Final conclusion of trial is likely to take sufficient long time and material produced by the prosecution appears to
be insufficient against him. Therefore, the applicant be released on bail.
6. Counsel for the respondent/State, on the other hand, has opposed the prayer and prays for rejection of the application.
7. After considering the rival submissions made by the learned counsel for the parties and going through the case diary, in the opinion of this Court
looking to the amount of liquor seized from the joint possession of the applicant and the period of custody already undergone by him it is a fit case for
grant of bail.
8. Accordingly, without commenting on the merits of the case, the application filed by the applicant is allowed. The applicant is directed to be released
on bail upon furnishing a personal bond in the sum of Rs.50,000/-(Rupees Fifty Thousand Only) with one solvent surety of the like amount to the
satisfaction of the trial Court for his regular appearance before the trial Court during trial with a condition that he shall remain present before the Court
concerned during trial and shall also abide by the conditions enumerated under Section 437 (3) Criminal Procedure Code, 1973.
10. This order shall be effective till the end of the trial, however, in case of bail jump, it shall become ineffective.
Certified copy as per rules.
