Granting bail based on lack of evidence and completion of investigation.

JUDGMENT

Pranay Verma, J. - This is the first bail application under Section 439 of Criminal Procedure Code, 1973. Applicant is implicated in connection with Crime No.196/2022 registered at Police Station Chintaman Ganesh, District Ujjain for offence punishable under Sections 49(A) of M.P. Excise Act, 1915. The applicant is in custody since 03.10.2022.

2. As per prosecution story, five liters of illicit country made liquor has been recovered from the possession of the applicant without having any valid license. Hence, the offence has been registered against him.

3. Learned counsel for the applicant has submitted that applicant is innocent and has been falsely implicated in the case. It is further submitted that no document is produced by the prosecution to establish that this was a poisonous liquor except assumption of seizing officer. Though the seized liquor is sent to FSL for chemical analysis but report is awaited. There is no evidence against him. The conclusion of trial is likely to take time. The applicant is permanent resident of Indore and there is no possibility of his absconding. Applicant is ready to furnish adequate security. He is in custody since 03.10.2022. Investigation has been completed and charge sheet has been filed. On such grounds prayer for grant of bail to the applicant has been made.

4. The aforesaid prayer is opposed by counsel for the respondent/State stating that the FSL report has been sought for though the same is yet to be received. He further submits that two criminal antecedents are registered against the applicant.

5. Considering that the police has completed the investigation and nothing is there except assumption of the Seizing Officer that the seized liquid was poisonous or unfit for human consumption and other facts and circumstances of the case, I deem it proper to release the applicant on bail. Therefore, without commenting on merits of the case, the application is allowed.

6. It is directed that the applicant be released from custody on his furnishing a personal bond in the sum of Rs.50,000/- (Rs.Fifty Thousand Only) with one solvent surety of the like amount to the satisfaction of the Trial Court for his appearance before the Trial Court as and when required further subject to the following conditions:

(i) The applicant shall co-operate with the trial and shall not seek unnecessary adjournments on frivolous grounds to protract the trial;

(ii) The applicant shall not directly or indirectly allure or make any inducement, threat or promise to the prosecution witnesses, so as to dissuade him/her from disclosing truth before the Court;

(iii) The applicant shall not commit any offence or involve in any criminal activity;

(iv) In case of his involvement in any other criminal activity or breach of any other aforesaid conditions, the bail granted in this case may also be cancelled.

07. However, this bail shall be subject to FSL report. In case, the FSL report confirms that the seized liquid is poisonous or is not fit for human consumption, this order shall automatically come to an end and the applicant shall immediately surrender before the Court.

08. With the aforesaid directions, M.Cr.C. stands allowed and disposed off.