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.361/2022 registered at Police Station Mahakal, District Ujjain for offence under Section 49(A) of M.P.
Excise Act, 1915. Applicant is in jail since 14.06.2022.
As per the prosecution story, on 14.06.2022, on the basis of source information police recovered 5 liters of country made spurious liquor from the
possession of the applicant. On the basis of which police registered the aforesaid crime.
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. The applicant is in custody since 14.06.2022 and conclusion of trial will take sufficient long time. Under these
circumstances, prayer was made for grant of bail to the applicant.
Learned Government Advocate opposed the application and prayed for its rejection. However, he fairly admits that there is no criminal antecedent
found against the present applicant of similar nature.
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.
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.
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.
The M.Cr.C. stands allowed and disposed of.
Certified Copy as per rules.
