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.

JUDGMENT

Satyendra Kumar Singh, J. - With the consent, heard finally.

Perused the case diary.

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 18.04.2022 in connection with Crime No.51/2022, registered at Police Station Barod, District agar Malwa (M.P.) for commission of offence punishable under Section 34(2) of the M.P.Excise act.

Prosecution story, in brief, is that on 26.02.2022, co-accused Prem Singh was found having 54 bulk liters of illicit country made liquor for the purpose of sale without any valid license or authority. During investigation, it was found that co-accused Prem Singh procured/purchased the aforesaid liquor from the applicant and applicant was also involved in the crime.

Learned counsel for the applicant submits that as per prosecution case, the applicant has been implicated only on the basis of memorandum statement of co-accused Prem Singh. Nothing has been seized from the possession of the applicant. There is no legal evidence against the applicant. He is in custody since 18.04.2022 and trial will take time for its conclusion, therefore, prayer is made to enlarge the applicant on bail.

Learned counsel for respondent/State opposes the application and prays for its rejection.

Having considered the rival submissions, nature of allegations against the applicant, also the evidence produced on record against him, without commenting anything on merits of the matter, this Court is of the considered view that it is a fit case for grant of bail to the applicant. Hence, this application is allowed.

It is directed that applicant shall be released on bail on his furnishing a personal bond in the sum o f Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the concerned Court for his appearance before the Trial Court on all such dates as may be fixed in this behalf by the Trial Court during the pendency of trial. It is further directed that applicant shall comply with the provisions of Section 437 (3) of Cr. P. C.

In view of the outbreak of 'Corona Virus disease (COVID-19), the concerned Jail authority is directed to follow the directions/guidelines issued by the Government with regard to COVID-19 before releasing the applicant.

This application is allowed and stands disposed of.

Certified copy, as per Rules.