Grant of bail based on lack of conclusive evidence and the period of custody.

JUDGMENT

Vivek Rusia, J. - This is the first bail application under Section 439, Cr.P.C. for grant of bail in connection with Crime No.646/2021, Police-Station- Mandav Nagar, District-Ujjain (M.P.) for the commission of offences under Section 49-a and 34 of M.P. Excise act. The applicant is in custody since 29.10.2021.

2. as per prosecution case, 05 bulk liters of spurious liquor has been recovered from the possession of the applicant and on the basis of which the case has been registered against the applicant.

3. Learned counsel for the applicant has submits that applicant has falsely been implicated in the case. Charge sheet has been filed. Conclusion of trial will take sufficient long time. The offence is triable by Judicial Magistrate First Class. The Co-accused persons have already been granted bail by this Court. Under these circumstances, learned counsel for the applicant prays for grant of bail to the applicant.

4. Learned panel lawyer for the respondent/State opposes the bail application by submitting that as per the case-diary, total 16 litre of liquor was recovered from the house of the co-accused person but the police has made it 6 litre, 5 litre and 5 litre recovery between all the three member including co-accused person. However, she has fairly admitted that there is no FSL report to confirm that the liquor so recovered is spurious or unfit for human consumption.

5. In view of the aforesaid facts and circumstances of the case, looking to the period of custody, the evidence collected against the present applicant and without further commenting anything on the merits of the case, it would be appropriate to enlarge the applicant on bail.

6. accordingly, the bail application is allowed and he is directed to be released on bail upon his furnishing personal bond in the sum of Rs.40,000/- (Rupees Forty Thousand only) with surety in the like amount to the satisfaction of the Trial Court for his appearance before that Court during the pendency of trial and shall also abide by the conditions enumerated under section 437(3) Cr.P.C.

7. By way of abundant caution, it is further directed that the applicant will also mark his presence in the concerned police station on first Monday of every month between 10 a.m. To 12 noon during the pendency of the trial. any default in attendance in Court and marking his presence in the concerned police station would result in cancellation of bail granted by this Court thereby entitling the police to take the applicant in custody immediately.

8. Before releasing the applicant from custody, the jail authorities are directed to medically examine in order to rule out the possibility of COVID -19 infections and shall comply with the direction given by the Hon'ble apex Court in Writ Petition No.1/2020.

Certified copy, as per rules.