The court has the discretion to grant bail to an accused under Section 439 of the Criminal Procedure Code, considering the facts and circumstances of the case, including the custody period and the opposition from the state.

ORDER

This is first application filed by the applicant under Section 439 of Criminal Procedure Code, 1973, for grant of bail in connection with Crime No.1381/2023 dated (not mentioned), registered at Police Station-Chandan Nagar, District-Indore for the offence under Section 49A & 34(1) of the Excise Act, 1915. The applicant is in custody since 12.12.2023. (2) As per prosecution story, it is alleged that 05 bulk litres of spurious liquor has been seized from the possession of the applicant.

(3) Learned counsel for the applicant submits that the applicant is innocent and he has falsely been implicated in this case. The applicant is in jail since 12.12.2023 i.e. more than five months have been completed. The trial will take a long time. Under these circumstances, he prays for grant of bail to the applicant.

(4) Counsel for the respondent/State, on the other hand, has opposed the prayer and prays for rejection of bail application and also submitted that there are 19 criminal cases registered against the applicant.

(5) After hearing learned counsel for the parties and looking to the facts and circumstances of the case and custody period of the applicant, I am of the view that it is a case, in which applicant may be released on bail. Consequently, first bail application under Section 439 of the Code of Criminal Procedure for grant of bail filed on behalf of applicant, stands allowed.

(6) It is directed that applicant-Aslam @ Mota 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) It is made clear that if in the FSL report, it is found that the liquor is spurious then this bail order shall stand cancelled without further reference to this Court and he shall surrender before the trial Court.

(8) By way of abundant caution, it is further directed that the applicant shall also mark his presence before the concerned Police Station on first and third Monday of every month between 10.00 am to 12.00 noon till completion of the investigation. Any default in attendance in marking presence in the concerned police station, would result in cancellation of bail granted by this Court thereby entitling the police to take action in accordance with law.

(9) This order shall be effective till the end of the trial. However, in case o f bail jump and breach of any of the conditions of bail, it shall become ineffective.