The court considered the absence of seized items, lack of criminal past record, and potential trial delay as grounds for granting bail under Section 439 of the Criminal Procedure Code, 1973.

JUDGMENT

Subodh Abhyankar, J. - This is the applicant's FIRST application under Section 439 of Criminal Procedure Code, 1973, as he / she is arrested on 17.12.2022 in connection with Crime No.524/2022 registered at Police Station Tonkkhurd, District Dewas (MP) for offence punishable under Section 34 (2) of the Madhya Pradesh Excise Act, 1915.

2. Prosecution case, in brief, is that on 17.12.2022 the applicant along with other co-accused person Rahul Dabi S/o Prakash Dabi were found carrying 54 bulk litres of illicit country made liquor on a motorcycle bearing registration number MP-41 NK-5303 for the purposes of sale, without having any valid license or authority.

3. Learned counsel for the applicant submits that nothing has been seized from the possession of the applicant. He has no criminal past record with regard to the offences punishable under the Excise Act. His custodial trial is not required. Conclusion of trial will take considerable time. Therefore, he be released on bail.

4. Learned counsel for the applicant has also placed on record a copy of bail order dated 29.12.2022 passed by this Court in Miscellaneous Criminal Case No.61785/2022 (Rahul Dabi S/o Prakash Dabi v. The State of Madhya Pradesh), claiming parity.

5. Learned counsel for the respondent / State, on the other hand, has opposed the prayer and it is submitted that applicant along with other co-accused Rahul Dabi were carrying 54 bulk litres of illicit country made liquor, therefore, he is not entitled for grant of bail.

6. Having considered the rival submissions, quantity of the liquor said to be seized from the joint possession of the applicant and the other co-accused and also considering the overall material produced on record, this Court is of the view that applicant deserves to be enlarged on bail; hence, without commenting anything on the merits of the case, the application is allowed.

7. It is directed that the applicant is directed to be released on bail upon his furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty thousand only) with a 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.

8. It is also observed that after his release on bail, if the applicant is found in any criminal activities, the learned judge of the trial court shall, after giving an opportunity of hearing to the applicant, be at liberty to cancel this bail order without further reference to this Court.

9. This application is allowed and stands disposed of.

Certified copy, as per Rules.