ORDER

This is first application filed by the applicant under Section 439 of the Cr.P.C. for grant of bail relating to Crime No. 175 of 2024 registered at Police Station Aron, District Guna (M.P.) for the offence under Section 34 (2) of Excise Act.

Allegation against the present applicant is that 58 bulk liters of illicit liquor has been seized from possession of present applicant without having any valid license.

Learned counsel for the applicant argued that the applicant is innocent and has been falsely implicated. He is under custody since 16.03.2024. After conclusion of investigation, charge sheet has already been filed, therefore, further custodial interrogation of the applicant is not required. The offence is triable by JMFC and trial is likely to take long time to conclude. The applicant is the permanent resident of District Guna (M.P.), therefore, there is no possibility of his absconsion or tampering with the prosecution evidence. The applicant is ready to abide by all the terms and conditions imposed by this Court while granting bail. On these grounds, he prays for grant of bail to the applicant.

Per contra, learned Panel Lawyer for the respondent/State vehemently opposed the bail application and prayed for its dismissal.

Heard learned counsel for the rival parties and perused the case diary available on record.

Considering the facts and circumstances of the case, but without expressing any opinion on merits of the case, this application is allowed and it is directed that the applicant be released on bail on furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One Lakh only) with one solvent surety in the like amount to the satisfaction of the trial Court/committal Court.

This order will remain operative subject to compliance of the following conditions by the applicant:-

1) The applicant will comply with all the terms and conditions of the bond executed by him;

2) The applicant will cooperate in the investigation /trial, as the case may be;

3) The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to the Police Officer, as the case may be;

4) The applicant shall not commit an offence similar to the offece for which he is accused. In case offence of same nature is repeated, this bail order shall automatically stand cancelled ;

5) The applicant will not seek unnecessary adjournments during the trial; and

6) The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be;

Learned State counsel is directed to send an e-copy of this order to the Station House Officer of the concerned Police Station for information and necessary action.

E- copy of this order be sent to the trial Court concerned for compliance, if possible, by the office of this Court.

Certified copy as per rules.

(SUNITA YADAV) JUDGE (LJ*)