The main legal point established in the judgment is the consideration of false implication and lack of evidence in granting bail.

JUDGMENT

Subodh abhyankar, J. - This is the applicant's first bail application under Section 439 of Criminal Procedure Code, 1973. He is implicated in connection with Crime No.75/2019 registered at Police Station Sagaur, District Dhar (MP) for offence punishable under Section 34 (2) of the Madhya Pradesh Excise act, 1915.

The applicant is in jail since 20.01.2022.

The allegation against the applicant is that he was involved in the aforesaid case wherein 324 bulk liters of unauthorized liquor has been seized from Bolero Vehicle on 16.03.2019.

Counsel for the applicant has submitted that the applicant has been falsely implicated in the case, as he was not involved in the aforesaid offence as an accused, but as a victim; and according to the information received, he met with an accident with the Bolero Vehicle and was also taken to the hospital through 108 ambulance, which is also apparent from the case diary.

It is further submitted that the applicant was never absconding and was, in fact, initially admitted to the hospital and thereafter was residing in his village only and has been arrested only on 20.01.2022 with a view to fix the responsibility.

Thus, it is submitted that the applicant be released on bail. Learned counsel for the respondent / State, on the other hand, has opposed the prayer and it is submitted that the applicant was found to be sitting in the Bolero Vehicle which met with an accident. However, on a query made by this Court, if there are any blood stained and spots in the Bolero Vehicle, counsel has answered in negative.

Even in his memo prepared under Section 27 of the Evidence act, he has not mentioned that he was taken to hospital from the spot.

In such circumstances, this Court finds force with the contentions raised by the learned cousnel for the applicant and his false implication cannot be ruled out, at this stage.

In view of the same, the application deserves to be allowed. accordingly, the present application for grant of bail is hereby allowed, without commenting anything on the merits of the matter. The applicant is directed to be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one surety in the like amount to the satisfaction of the Trial Court for his appearance as and when directed. The applicant shall be abide by the conditions as enumerated under Section 437(3) of Cr.P.C.

It is made clear that, after being released on bail, if the applicant again indulges himself in any criminal activity, the present bail order shall stand cancelled without further reference to the Court and the police shall be entitled to arrest the applicant in the present case also.

This order shall be effective till the end of the trial, however, in case of bail jump, it shall become ineffective.

Certified copy, as per rules.