ORDER

These are first applications filed by the applicants under Section 439 of the Cr.P.C. for grant of regular bail relating to FIR No.937/2023, dated 10.11.2023 registered at Police Station-Banda, District-Sagar (M.P.) for commission of offence punishable under Section 34(2) of M.P. Excise Act, 1915. Accused Rajbahadur @ Tiku Lodhi (applicant in M.Cr.C. No.2404/2024) is in detention since 01.01.2024 and accused Arjun Lodhi (applicant in M.Cr.C. No.55454/2023) is in detention since 10.11.2023. 2. As per the prosecution story, on 10.11.2023, 225 bulk liters of illicit liquor which was kept in 25 cartoons was recovered from a Scorpio car bearing registration No.MP-15-CA-0540. F.I.R. was registered. Accused Arjun was arrested. It is alleged that accused Rajbahadur is the registered owner of the Scorpio car.

3 . Learned counsel for the applicants have submitted that applicants have not committed any offence. They are innocent. They have been falsely implicated. It is submitted that no liquor was seized from their possession, it was seized from the Scorpio car. Applicant Rajbahadur has been impleaded as an accused only on the basis that he is registered owner of the scorpio car.

Applicant Arjun has no criminal background. After investigation, charge-sheet has already been filed. The trial of the case will take considerable time. Therefore, it is prayed that the applicants may be released on bail pending the trial.

4 . O n the other hand, learned counsel for the State has opposed the prayer for grant of bail to the applicants.

5. Having taken into consideration all the facts and circumstances of the case including the facts that applicants are not pre-convict and offence is triable by Judicial Magistrate First Class and conclusion of trial will take considerable time, but without expressing anything on the merits of the case, I am of the view that it is a case in which further pre-trial detention of the applicants is not warranted. Consequently, this bail applications under Section 439 of the Code of Criminal Procedure for grant of bail filed on behalf of applicants, stand allowed.

6 . It is directed that applicants - Rajbahadur @ Tiku Lodhi and Arjun Lodhi be released on bail on their furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty thousand only) each with one solvent surety each in the like amount to the satisfaction of the trial Court, for their regular appearance before the trial Court during trial with a condition that they shall remain present before the concerned Court on all the dates fixed by it during trial. They shall abide by all the conditions enumerated under Section 437(3) of Cr.P.C. 7. This order shall be effective till the end of the trial. However, in case o f bail jump and breach of any of the conditions of bail, it shall become ineffective.

Certified copy as per rules.

(DINESH KUMAR PALIWAL) JUDGE @shish