ORDER

Heard with the aid of case diary.

This is repeat second application filed under Section 439 of Cr.P.C. for grant of bail to the applicant in connection with FIR/Crime No.440/2023, Date:- Not mentioned registered at P.S.- Kotwali, Dhar, District - Dhar (M.P.) for commission of offence punishable under Sections 34(2) of M.P.Excise Act. First bail application of the applicant was granted by this Court vide order dated 11.09.2023 passed in M.Cr.C. No.39872/2023. 2. Prosecution story, in brief, is that on 17.6.2023 the applicant Vijay @Viju and co-accused Jitendra were found in possession of 60 bulk litres of country made liquor without having any valid license or authority. Police has seized the aforesaid liquor from the possession of the applicant and co-accused person and accordingly crime has been registered against them. After receiving of FSL report it was found that seized liquor was spurious liquor and was also unfit for human consumption therefore, section 49 (A) of M.P. Excise Act has been added.

3 . Learned counsel for the applicant submits that applicant has not committed any offence and he has falsely been implicated in the case. It is submitted that earlier applicant was granted bail by this Court vide order dated 11.09.2023 passed in M.Cr.C. No.39872/2023 but after receiving of FSL report, Section 49 (A) of M.P. Excise Act has been added thereafter, applicant was again taken into custody. The applicant is in custody since 07.02.2024. After completion of investigation, charge-sheet has been filed. Investigation is completed and charge sheet has been filed. The offence is triable by JMFC. Conclusion of the trial will take time. In the aforesaid circumstances, applicant is entitled for grant of bail.

4. Per contra, learned counsel appearing for the respondent/State has opposed the prayer and prays for its rejection.

5. I have heard learned counsel for the parties and perused the record.

6. Considering the facts and circumstances of the case coupled with the fact that the offence is exclusively triable by JMFC and the trial will take long time hence, without commenting on merits of the case, in my view, this is a fit case to grant bail to the applicant/accused. Hence, the application is allowed.

7. It is directed that the applicant - Vijay @ Viju be released on bail upon his furnishing personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand only) with one solvent surety in the like amount to the satisfaction of the concerned trial Court for his appearance before the trial Court on all such dates as may be fixed in this behalf by the trial Court during pendency of the trial. It is further directed that applicant shall comply with the provisions of Section 437(3) of Criminal Procedure Code, 1973.

8. This application is allowed and stands disposed of. C.c.as per rules. (PRAKASH CHANDRA GUPTA) JUDGE ajit