ORDER

They are heard. Perused the case diary / challan papers. This is first bail application filed by the applicant under Section 439 of Cr.P.C. as he is implicated in connection with Crime No.413/2021 registered at Police Station Sarangpur, District Rajgarh (MP) for offence punishable under Section 392, 395 of IPC, Section 34(2) of the Madhya Pradesh Excise Act, 1915 and Section 25 and 27 of the Arms Act. The applicant is in custody since 27/06/2021.

The allegation against the applicant is that he was also involved in the aforesaid case wherein a truck loaded of liquor was robbed by the co-accused persons and in the memo prepared under Section 27 of the Evidence Act which was given by co-accused Badrilal, he has stated that he was also in negotiation with the present applicant to deliver him some of the liquor.

Counsel for the applicant has submitted that the apart from the aforesaid memo prepared under Section 27 of the Evidence Act, there is nothing on record to connect the applicant with the officne and the co-accused Badrilal has also been granted bail. It is further submitted that the offence is triable by Judicial Magistrate First Class and final conclusion of the trial is likely to take sufficient long time, therefore, it is prayed that the application be allowed and the applicant be released on bail.

Counsel for the respondent / State, on the other hand has opposed the prayer and it is also submitted that there are criminal antecedents against the applicant including a case under Section 307 of IPC of the year 1997 and one case under Section 34(2) of the Excise Act of 2019.

Having considered the rival submissions, perusal of the case diary as also the fact that the applicant is lodged in jail since 27/06/2021 and there is no material available on record which may connect the applicant with the offence except a memo prepared under Section 27 of the Evidence Act by the co- accused Badrilal who has also been granted bail, without reflecting anything on the merits of the case, the application filed by under Section 439 of Cr.P.C. on behalf of the applicant is hereby allowed.

The applicant is directed to be released on bail upon furnishing a personal bond in the sum of Rs.50,000/- (rupees fifty thousand) with one solvent surety of the like amount to the satisfaction of the trial Court for his/her regular appearance before the trial Court during trial with a condition that he / she shall remain present before the court concerned during trial and shall also abide by the conditions enumerated under Section 437 (3) Criminal Procedure Code, 1973.

Certified copy as per rules.

(SUBODH ABHYANKAR) JUDGE krjoshi Signature Not Verified Signed by: KHEMRAJ JOSHI Signing time: 4/29/2024 6:40:53 PM