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SATYENDRA KUMAR SINGH
Rahul Dabi – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
Satyendra Kumar Singh, J. - This is first application filed under Section 439 of Cr.P.C for grant of bail to the applicant as he has been arrested on 18.12.2022 in connection with Crime No.524/2022 registered at Police Station Tonk Khurd, District Dewas (M.P.) for commission of offence punishable under Sections 34(2) of the M. P. Excise Act.
2. Prosecution case, in brief, is that on 18.12.2022 applicant along with other co-accused person Suryapal were found carrying 54 bulk litres of illicit county made liquor on a motorcycle bearing registration No.MP-41-NK-5303 for the purposes of sale without having any license or authority.
3. Learned counsel for the applicant submits that nothing has been seized from the possession of the applicant. He has no criminal past record with regard to the offences punishable under the Excise Act. His custodial trial is not required. Conclusion of trial will take considerable time. Therefore, he be released on bail.
4. Learned counsel for the respondent/State has opposed the prayer and submits that applicant along with other co-accused Suryapal were carrying 54 bulk litres of illicit country made liquor, therefore, he is not entitled for grant of
The court's decision to grant bail was influenced by the absence of seizure from the applicant's possession and the open place of seizure, without commenting on the merits of the case.
The court's decision to grant bail was influenced by the circumstances of the case, including the quantity of seized liquor, pending report on the nature of the liquor, and the period of custody suff....
The court's decision to grant bail was based on the nature of allegations and evidence against the applicant, without commenting on the merits of the matter.
The central legal point established in the judgment is the requirement of legal evidence to connect an accused with an alleged offence under the M.P. Excise Act, influencing the court's decision to g....
Grant of bail based on lack of criminal past, trial being triable by lower court, and expected time for trial conclusion.
The court considered the absence of seized items, lack of criminal past record, and potential trial delay as grounds for granting bail under Section 439 of the Criminal Procedure Code, 1973.
The court may grant bail under Section 439 of the Criminal Procedure Code, 1973, considering the circumstances of the case, including the amount of seized items and the period of custody already unde....
Grant of bail based on the amount of seized liquor and period of custody, without commenting on the merits of the case.
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