Subodh Abhyankar, J
1. They are heard. Perused the case diary.
2. This is first bail application filed by the applicant under Section 439 of Cr.P.C., as he is implicated in connection with Crime No.166/2023 registered
at Police Station Mohna, District Gwalior (MP) for offence punishable under Section 34(2) and 49(A) of the Madhya Pradesh Excise Act, 1915. The
applicant is in custody since 13.12.2023.
3. The allegation against the applicant was that he along with his brother was involved in manufacturing and selling countrymade liquor and 10 bulk
litres of countrymade liquor was found in possession of the applicant's brother without any valid license.
4. Counsel for the applicant has submitted that the applicant is lodged in jail since 13.12.2023 and final conclusion of the trial is likely to take sufficient
long time. Charge-sheet has already been filed. There are no criminal antecedents, which is also apparent from the order of the trial Court itself,
therefore, it is prayed that the application be allowed and the applicant be released on bail.
5. Counsel for the respondent/State, on the other hand has opposed the prayer and has submitted that no case for bail is made out.
6. Having considered the rival submissions, perusal of the case diary, further considering the fact that the applicant is lodged in jail since 11.11.2023,
charge sheet has already been filed and final conclusion of the trial is likely to take sufficient long time, without reflecting anything on the merits of the
case, the application filed under Section 439 of Cr.P.C. on behalf of the applicant is hereby allowed.
7. The applicant is directed to be released on bail upon furnishing a personal bond in the sum of Rs.25,000/- (rupees twenty five thousand) 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.
Certified copy as per rules.
