Rajesh Kumar Gupta, J
1. This is first application filed by the applicant under Section 483 of BNSS for grant of bail relating to Crime No.230/2025 registered at Police Station - Madhav Nagar, District - Ujjain (M.P.) for the offence punishable under Sections 49A and 34 of MP Excise Act, 1915 and the applicant is in custody since 01.06.2025.
2. As per prosecution story, 05 bulk litres of illicit country made liquor has been seized from the possession of present applicant. Accordingly, offence has been registered him.
3. Counsel for the applicant argued that the applicant is innocent and has been falsely implicated in the aforementioned offence. The applicant is in custody since 01.06.2025. The investigation is completed and charge-sheet has been filed. The offence is triable by Judicial Magistrate First Class (JMFC). The applicant has no previous criminal antecedents and no custodial interrogation is required in the matter. Conclusion of the trial will take sufficiently long time and the applicant is the permanent resident of District - Ujjain (MP). Hence, prayed for grant of bail to the applicant.
4. Per contra, counsel for the State counsel has opposed the bail application and prays for its rejection.
5. Heard counsel for the rival parties and perused the case diary.
6. Considering the facts and circumstances of the case and the fact that chargesheet has been filed and investigation has been completed in the matter and the case is triable by Judicial Magistrate First Class, but without expressing any opinion on the merits of the case, this application is allowed with a condition that applicant shall appear before the Police-Station - Madhav Nagar, District - Ujjain (MP) on every first Sunday of every Month failing which this bail application shall stand cancelled without further reference to the Bench. It is made clear that if FSL report is found positive then also this bail order shall stand cancelled automatically.
It is directed that the applicant be released on bail on furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand) with one solvent surety in the like amount to the satisfaction of the trial Court/Committal Court.
7. This order will remain operative subject to compliance of the following other conditions by the applicant:-
i) The applicant will comply with all the terms and conditions of the bond executed by him/her;
ii) The applicant will cooperate in the investigation/trial, as the case may be;
iii) The applicant will not indulge himself/herself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to the Police Officer, as the case may be;
iv) The applicant shall not commit an offence similar to the offence of which he/she is accused;
v) The applicant will not seek unnecessary adjournments during the trial;
and;
vi) The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.
8. E- copy of this order be sent to the trial Court concerned for compliance.
9. Certified copy, as per Rules.
