ORDER

This repeat (second) bail application is filed on behalf of the applicant under Section 439 of Cr.P.C.

The applicant is in custody since 02/08/2021 in connection with Crime No.606/2021 registered at Police Station City Kotwali, District Khandwa (M.P.) for the offences under sections 304 and 328/34 of IPC, under Section 49(A) of the M.P. Excise Act, 1915 and Sections 2 and 6 of Vish Adhiniyam, 1919. Earlier application of the petitioner was dismissed as withdrawn by this Court, vide order dated 29/07/2022 passed in M.Cr.C. No. 26916/2022.

As per prosecution case, it is alleged that the petitioner alongwith other co-accused persons were involved in the manufacturing of duplicate English liquor, which alleged to have been found unfit for human consumption.

Learned counsel for the petitioner submits that the petitioner is innocent and he has falsely been implicated in the alleged offence. It is also submitted that FSL report has been received and as per FSL report, no poisonous substance is found in the duplicate English Liquor alleged to have been recovered from the possession of the petitioner, therefore, no alleged offence is made out against the petitioner. It is further submitted that other co-accused persons have already been granted by this Court and the case of the peitiioner is similar to them.

The petitioner is in custody since 02/08/2021 and trial will take considerable time. Under these change of circumstances, learned counsel for the applicant prays for grant of bail to the applicant.

Learned Panel Lawyer has vehemently opposed the bail application and prayed for its rejection.

Looking to the aforesaid facts and circumstances of the case and coupled with the fact that the DNA report is mismatch, this Court is of the view that this is not a case in which the applicant is required to be kept in custody during the whole trial, but without commenting anything on the merits of the case, this application is allowed.

It is ordered that that the applicant/accused be released on bail upon his furnishing a personal bond for the sum of Rs.50,000/-

(Rupees Fifty Thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court for securing his presence before the said Court on all the dates of hearing fixed in this regard during trial and for complying with the conditions enumerated in sub-

section (3) of Section 437 of Cr.P.C.

Certified copy/e-copy-as per rules.

(ARUN KUMAR SHARMA) JUDGE skt