IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE PRAKASH CHANDRA GUPTA th ON THE 11 OF SEPTEMBER, 2023 MISC. CRIMINAL CASE No. 39872 of 2023 BETWEEN:-

VIJAY @ VIJU S/O RAJKUMAR, AGED ABOUT 30 YEARS, OCCUPATION: LABOR R/O GRAM DESARELI ROAD DISTT. DHAR (MADHYA PRADESH)

.....APPLICANT (SHRI ANOPAM CHOUHAN, LEARNED COUNSEL FOR THE APPLICANT)

AND THE STATE OF MADHYA PRADESH STATION HOUSE OFFICER THROUGH POLICE STATION KOTWALI DISTT.

DHAR (MADHYA PRADESH)

.....RESPONDENTS (SHRI V.S.PANWAR, LEARNED PANEL LAWYER FOR THE RESPONDENT/STATE)

This application coming on for orders this day, the court passed the following:

ORDER

Heard with the aid of case diary.

This is first application filed under Section 439 of Cr.P.C. for grant of bail to the applicant in connection with FIR/Crime No.440/2023, Date:- Not mentioned registered at P.S.- Kotwali, Dhar, District - Dhar (M.P.) for commission of offence punishable under Sections 34(2) of M.P.Excise Act.

2. Prosecution story, in brief, is that on 17.6.2023 the applicant and co-

accused were found in possession of 60 bulk litres of country made liquor without having any valid license or authority.

Signature Not Verified

3 . Learned counsel for the applicant submits that applicant has not committed any offence and he has falsely been implicated in the case. The applicant is in custody since 17.6.2023. After completion of investigation, charge-sheet has been filed. The applicant has no criminal past likewise this offence. The offence is triable by JMFC. Conclusion of the trial will take time.

In the aforesaid circumstances, applicant is entitled for grant of bail.

4. Per contra, learned counsel appearing for the respondent/State has opposed the prayer and prays for its rejection. However, he submits that there are 38 criminal cases are registered under the provisions of IPC and Gambling Act against the applicant. He has criminal past, therefore, he is not entitled for bail.

5. I have heard learned counsel for the parties and perused the record.

6. Considering the facts and circumstances of the case coupled with the fact that the offence is exclusively triable by JMFC and the trial will take long time hence, without commenting on merits of the case, in my view, this is a fit case to grant bail to the applicant/accused. Hence, the application is allowed.

7. It is directed that the applicant - Vijay @ Viju be released on bail upon his furnishing personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand only) with one solvent surety in the like amount to the satisfaction of the concerned trial Court for his appearance before the trial Court on all such dates as may be fixed in this behalf by the trial Court during pendency of the trial. It is further directed that applicant shall comply with the provisions of Section 437(3) of Criminal Procedure Code, 1973.

8. This application is allowed and stands disposed of.

C.c.as per rules.

Signature Not Verified (PRAKASH CHANDRA GUPTA)

JUDGE patil Signature Not Verified