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2024 Supreme(Online)(MP) 53942

HIGH COURT OF MADHYA PRADESH
SHRI JUSTICE DINESH KUMAR PALIWAL, J
Sonu Choudhari – Appellant
Versus
The State Of Madhya Pradesh – Respondent
MCRC 22256/2024



Advocates:
Ashish Prajapati,Advocate General

The court granted bail under Section 439 of the Cr.P.C. due to the lengthy trial process and the applicant's claims of false implication.

Headnote:(A) Code of Criminal Procedure, 1973 - Section 439 - M.P. Excise Act - Section 34(2) - Bail application - Applicant detained since 10.05.2024 for alleged possession of illegal liquor - Prosecution claims 54 liters seized - Applicant asserts false implication and lack of evidence - Court considers trial duration and grants bail. (Paras 1-5)

(B) Bail - Conditions - Applicant required to furnish personal bond of Rs.50,000/- with solvent surety, and to appear before the trial Court on all dates. (Paras 6-7)

Facts of the case:
The applicant was arrested on 10.05.2024, accused of possessing illegal liquor, with a charge sheet filed post-investigation.

Findings of Court:
The court allowed the bail application, emphasizing the lengthy trial process and the applicant's assertion of false implication.

Issues: The main issue was whether the applicant should be granted bail considering the circumstances of the case.

Ratio Decidendi: The court ruled that the length of the trial and the applicant's claims warranted bail, without commenting on the case's merits.

Result: Bail application allowed.

ORDER

This first bail application under Section 439 of the Code of Criminal Procedure has been filed by the applicant for grant of regular bail in relation to FIR No. 188/2024 dated 11.05.2024, registered at Police Station Gorabazar, District Jabalpur (M.P.) for commission of offence under Section 34(2) of M.P. Excise Act . Applicant is in detention since 10.05.2024.

2. As per the prosecution story, on receiving an information from an informant, police of concerned police station seized 54 bulk liters of illegal liquor from possession of the applicant. FIR was registered. After investigation, charge sheet has been filed.

3. Learned counsel for the applicant has submitted that applicant is in jail since 10.05.2024. He has not committed any crime and nothing has been seized from his possession. He has been falsely implicated. The trial of the case will take considerable time. Therefore, it is prayed that applicant may be released on bail pending the trial.

4. On the other hand, learned counsel for the respondent/State has opposed grant of bail to the applicant.

5. Having taken into consideration all the facts and circumstances of the case and the fact that trial of the case will take considerable time, but without expressing any opinion on the merits of the case, I am inclined to release the applicant on bail. Consequently, this first bail application under Section 439 of Cr.P.C. filed on behalf of applicant, stands allowed.

6. It is directed that applicant - Sonu Choudhari be released on bail on his furnishing a personal bond in 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 his regular appearance before the trial Court during trial with a condition that he shall remain present before the concerned Court on all the dates fixed by it during trial. He 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 of bail jump and breach of any of the conditions of bail, it shall become ineffective.

Certified copy as per rules.

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