IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR th ON THE 29 OF NOVEMBER, 2024 MISC. CRIMINAL CASE No. 50902 of 2024 KANHAIYALAL ALIAS KANHA Versus THE STATE OF MADHYA PRADESH Appearance:

Ms. Rajni Vajpayee advocate for the applicant.

Shri Santosh Singh Thakur public prosecutor for State.

ORDER This first bail application has been filed by the applicant under Section 483 of BNSS/439 of Cr.P.C. for grant of bail in connection with Crime No. 235/2024 registered at P.S. Rampura District Neemuch(M.P.) for the offence punishable under Sections 34(2)of M.P.

Excise Act. Applicant is in judicial custody since 11.11.2024.

As per the case of prosecution, S.I. Ishwar Joshi of P.S. Rampura received secret information on 11.11.2024 about selling of illicit liquor at village Barwadiya. The police team reached at the shop of Kanhaiyalal (applicant). On search of the shop, total 56.160 country made liquor was recovered. On such allegations, P.S. Rampura District Neemuch registered FIR at Crime No. 235/2024 for offence punishable under Section 34(2) of MP Excise Act against Kanhaiyalal. Applicant was arrested on 11.11.2024.

Signature Not Verified Signed by: BHUNESHWAR He is in custody ever since. Investigation is underway.

Learned counsel for the applicant, in addition to the grounds mentioned in the application, submits that the applicant has been falsely implicated in the matter. No offence, as alleged is committed by the applicant. Applicant is aged around 27 years. and he runs a grocery shop.There is no likelihood of his absconsion leaving his family, home and profession. No criminal antecedent is alleged against the applicant. There is no likelihood of tempering with the evidence. The trial would take time to complete. Therefore, the applicant may be extended the benefit of bail.

Per contra, learned counsel for the State opposes the bail application on the ground of gravity of alleged offence.

Heard learned counsel for parties and perused the record.

Considering the arguments advanced by both the parties and overall circumstances of the case, but without commenting on merits of the case, this court is inclined to release the applicant on bail. Thus, the application is allowed.

Accordingly, it is directed that applicant- Kanhaiyalal @ Kanha shall be released on bail in connection with Crime as stated in para-1 of this order, upon furnishing personal bond and surety bond of amount, as may be considered appropriate by the Trial Court/the Committal Court for compliance with conditions, as may be imposed by such Court to secure Signature Not Verified Signed by: BHUNESHWAR presence of the applicant for the trial under Section 437(3) of Cr.P.C., 1973/Section 480(3) of BNSS, 2023.

This order shall be effective till the end of trial. However, in case of breach of any of the preconditions of bail, the concerned Court may consider, on merit, cancellation of bail without any impediment of this order.

The concerned trial court shall get the conditions reproduced on the personal bond by the accused and on surety bond by the surety concerned. If any of the them is unable to write, the scribe shall certify that he had explained the conditions to the concerned accused or the surety.

C.C. as per rules.

(SANJEEV S KALGAONKAR)

JUDGE BDJ Signature Not Verified Signed by: BHUNESHWAR