ORDER

This is the third bail application filed by the applicant under Section 439 of the Code of Criminal Procedure for grant of regular bail relating to Crime No.338/2023 registered at Police Station - Saikheda, District Betul (M.P.) for the offence punishable under Section 34(2) of M.P. Excise Act. Applicant is in detention since 10.11.2023. Earlier bail application of applicant was dismissed as withdrawn on 12.02.2024 passed in M.Cr.C. No.5933/2024.

2. As per the prosecution story, on receiving an information from an informant, 10,546.44 bulk liters of illicit liquor from possession of the applicant have been seized. FIR was registered.

3. Learned counsel for the applicant submitted that applicant is in jail since 10.11.2023. He has been falsely implicated. He was cleaner of the vehicle and liquor was not seized from him. It is further submitted that PW-1 Harish Gode and PW-2 Shekh Rafiq have been examined before the trial Court in which they have not supported the prosecution story. Offence is triable by JMFC. Investigation is complete. Charge sheet has been filed. He has no criminal record. The trial of the case will take considerable time. Therefore, it has been prayed that the applicant may be released on bail pending the trial.

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

5. Having taken into consideration all the facts and circumstances of the case, but without commenting on merit of the case, I am inclined to release the applicant on bail. Consequently, bail application under Section 439 of the Code o f Criminal Procedure for grant of bail filed on behalf of applicant, stands allowed .

6. It is directed that applicant 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. (PRAMOD KUMAR AGRAWAL) JUDGE Sateesh