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VIJAY KUMAR SHUKLA
Toofan – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
Vijay Kumar Shukla, J. - This is first bail application under Section 439 of the Cr.P.C. filed on behalf of the applicant in connection with Crime No.493/2021 registered at Police Station - Taal, District Ratlam (M.P.) under Section 49-a of the M. P. Excise act and he is in custody since 24.11.2021.
It is alleged that 20 litres of poisonous liquor has been seized from the possession of the applicant. Counsel for the applicant submits that there is no FSL report to show that the aforesaid liquor is poisonous.
Counsel for the State, on the other hand opposes the prayer for grant of bail and submits that on the basis of the experience of the investigating team, the aforesaid liquor has been held to be poisonous. However, he submits that charge-sheet has already been filed and there is no criminal record against the applicant.
Considering the aforesaid submissions so also the fact that there is no material to indicate that the seized liquor is poisonous as also there is no criminal record of the applicant, I am of the considered view that the applicant is entitled for grant of bail and therefore, without expressing any view on the merits of the case, the application is allowed.
It
The decision emphasized the importance of evidence and the absence of a criminal record in granting bail under the M.P. Excise Act.
The completion of investigation, filing of chargesheet, lack of criminal antecedents, and absence of FSL report on the spurious liquor were crucial in granting bail to the applicant.
The absence of criminal records, filing of the charge sheet, and prima facie case for bail influenced the court's decision to grant bail to the applicants.
The completion of investigation, filing of chargesheet, and the lack of criminal antecedents are key considerations in granting bail.
The court's decision to grant bail was based on the lack of conclusive evidence regarding the nature of the seized liquid and the completion of the police investigation.
Granting bail based on lack of evidence and completion of investigation.
The absence of legal evidence and FSL report, coupled with the prolonged trial process, can be grounds for granting bail in cases involving possession of alleged poisonous substances.
The court may grant bail based on the duration of custody and expected trial duration, and may impose specific conditions to ensure the applicant's compliance and cooperation during the trial.
The court may grant bail under Section 439 of Cr.P.C. based on the absence of heinous offences in the applicant's criminal history and the likelihood of a lengthy trial, while imposing specific condi....
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