IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE ANIL VERMA ON THE 1^st OF SEPTEMBER, 2022 MISC. CRIMINAL CASE No. 41146 of 2022 Between:-

HARISH @ NANA S/O AJABSINGH, AGED

1ABOUT 27 YEARS, OCCUPATION: LABORER . NARSINGHGHAT COLONY UJJAIN (MADHYA PRADESH)

VIKRAM S/O VIJAY SISODIYA, AGED ABOUT

222 YEARS, OCCUPATION: LABOURER . RAJEEV NAGAR, CHIMANGANJMANDI (MADHYA PRADESH)

.....PETITIONER (SHRI VISHAL PANWAR, LEARNED COUNSEL FOR THE PETITIONER )

AND THE STATE OF MADHYA PRADESH STATION HOUSE OFFICER THROUGH POLICE STATION CHINTAMAN GANESH DISTRICT UJJAIN (MADHYA PRADESH)

...RESPONDENTS (PROXY COUNSEL SHRI K.K.TIWARI GA APPEARING ON BEHALF OF ADVOCATE GENERAL)

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

ORDER

Applicant has filed this first bail application under Section

439 of the Code of Criminal Procedure, 1973 in connection with Crime No 138/2022 registered at P.S -Chintaman Ganesh, Ujjain District- Ujjain (M.P.) for commission of offence punishable Signature Not Verified under Sections 34(2) of M.P. Excise Act.

Signed by: AMOL N As per prosecution story, the police recovered 54 bulk liters spurious liquor from the joint possession of the applicant and co- accused person. Accordingly the aforementioned offence was registered.

Learned counsel for the applicant contended that applicant is innocent and has been falsely implicated in this offence . There is no legal evidence available on record to connect the applicant with the aforementioned offence They are in custody since 11/07/2022. . They are permanent resident of District- Ujjain. There is no apprehension of his fleeing away from the court of justice. Final conclusion of trial shall take sufficient long time. Under the above circumstances, prayer for grant of bail may be considered on such terms and conditions, as this Court deems fit and proper.

Per-contra, learned PL for respondent – State opposes the bail application and prays for its rejection by submitting that three criminal antecedents have been found against the applicant. Perused the impugned order of the trial Court, the statements of the witnesses as well as the case dairy.

Considering all the facts and circumstances of the case, arguments advanced by both the parties, nature of allegation as also taking note of the fact that they are custody since 11/02/2022 and possibility of delay in conclusion of the trial cannot be ruled out, in view of the evidence available on record, I deem it proper to release the accused / applicants on bail.

Accordingly, without commenting on the merits of the case, the application is allowed. It is directed that the applicants be released on bail on their furnishing personal bond in the sum of Rs. 70,000/- (Rs. Seventy Thousand only) each with one surety Signature Not Verified each in the like amount to the satisfaction of the trial Court for their Signed by: AMOL N appearance before the trial Court, as and when required. They shall abide by the conditions enumerated u/S. 437(3) Cr.P.C., It is made clear that if the applicants are again found to be involved in any other offence during the trial, this order shall stand cancelled automatically without reference to the Court and the police will be at liberty to arrest the applicants in the present case also. This order shall be effective till the end of the trial, however, in case of bail jump, it shall become ineffective.

Certified copy, as per Rules.

(ANIL VERMA)

J U D G E amol Signature Not Verified Signed by: AMOL N