ORDER

Applicants have filed this first bail application under Section 439 of the Code of Criminal Procedure, 1973 in connection with Crime No. 467/2022 registered at P.S -Khargone (M.P.) for commission of offence punishable under Sections 34(2) of M.P.

Excise Act and section 379 of IPC and sections 41(A)(4), 102 of Cr.P.C.

As per prosecution story,police got the secret information regarding illicit liquor & applicant and also regarding theft of some mobile and incident regarding Pick Pocketing. After that, concerning police party taking action on the information received, reached on the spot and intercepted the vehicle and searched the accused persons and there is recovery of 62 bulk liter country made liquor from | the joint possession of all the accused persons as well as applicants. Thereafter P.S. ’ Khargone, Distt. Khargone, M.P. has registered the offence u/s 34(2) of MP Excise. Act & u/s 379 of LP.C. & u/s 41(A)(4), 102 of Cr.P.C. at Crime No. 467/22 against applicant.

Learned counsel for the applicants contended that applicants are innocent and have been falsely implicated in this offence. There is no legal evidence available on record to connect the applicant with the aforementioned offence. Investigation is almost over. Only 62 bulk liters country-made liquor has been seized from the joint possession of the accused. The alleged offence is exclusively triable by JMFC. Applicants are in custody since 13/08/2022 and 22/08/2022 respectively. They are permanent resident of District-

Dhar.. There is no apprehension of his fleeing away from the court of justice. Final conclusion of trial shall take sufficient long time.

Co-accused Kalu has already been enlarged on bail by this Court vide order dated 21/09/2022 passed in MCRC no. 44137/2022 in similar circumstances. Under the above circumstances as also on the ground of parity, prayer for grant of bail may be considered on such terms and conditions, as this Court deems fit and proper.

Per-contra, learned PL for respondent – State opposes the bail application and prays for its rejection,but fairly admits no criminal antecedent has been found against the applicants.

Perused the impugned order of the trial Court, the statements of the witnesses as well as the case dairy.

Considering all the facts and circumstances of the case, arguments advanced by both the parties, nature of allegation as also taking note of the fact that nobody has lodged FIR regarding theft, the alleged offence is exclusively triable by JMFC; the applicants are in custody since 13/08/2022 and 22/08/2022 respectively and possibility of delay in conclusion of the trial cannot be ruled out;

co-accused Kalu has already been enlarged on bail by this Court 2 in similar circumstances. in view of the evidence available on record and on the ground of parity, I deem it proper to release the accused / applicants on bail.

Accordingly, without commenting on the merits of the case, the application is allowed. It is directed that the applicants be released on bail on their furnishing personal bond in the sum of Rs. 75,000/- (Rs. Seventy Five Thousand only) each with one solvent surety each in the like amount to the satisfaction of the trial Court for their appearance before the trial Court, as and when required. They shall abide by the conditions enumerated u/S.

437(3) Cr.P.C., It is made clear that if the applicants are again found to be involved in any other offence during the trial, this order shall stand cancelled automatically without reference to the Court and the police will be at liberty to arrest the applicants 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.

(ANIL VERMA) J U D G E amol