IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE ANIL VERMA th ON THE 7 OF SEPTEMBER, 2022 MISC. CRIMINAL CASE No. 41696 of 2022 BETWEEN:-

AJAY S/O MANOHAR BHAVSAR, AGED ABOUT 22 YEARS, OCCUPATION: LABOUR JAISINGHPURA AKHAND MAHAKAL COLONY UJJAIN (MADHYA PRADESH)

.....PETITIONER (SACHIN PARMAR, 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 AJAY GUPTA PL APPEARING ON BEHALF OF ADVOCATE GENERAL)

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

O R D E R

Applicant has filed this first bail application under Section

439 of the Code of Criminal Procedure, 1973. He is in Jail since 5.8.2022 in connection with Crime No. 138/2022 registered at P.S. - Chintaman Ganesh District Ujjain (M.P.) for commission of offence punishable under Section 34(2) of the M. P. Excise Act.

As per prosecution story, the co-accused was found to be in possession of 54 bulk litres liquor unauthorisedly and illegally during the search by police. On the basis of memorandum given by co-accused under section 27 of Evidence Act, the present applicant has been implicated in this offence. Accordingly, a case has been registered.

Learned counsel for the applicant submits that applicant is innocent and he has been falsely implicated in this matter. He further submits that there is no legal evidence available on record to connect the applicant with the aforementioned offence and no further custodial interrogation is required. Applicant is in jail since 5.8.2022. He is a permanent resident of District Ujjain. Final conclusion of trial will take considerable long time. Hence, he prays that applicant be released on bail.

Per-contra, learned PL for respondent/State opposes the bail application and prays for its rejection by submitting that applicant has one criminal antecedent under IPC.

Perused the case diary as well as the impugned order of the court below.

Considering all the facts and circumstances of the case, arguments advanced by counsel for the parties, nature and gravity of allegation as also taking note of the fact that offence is exclusively triable by JMFC, investigation in respect of applicant is almost complete, and final conclusion of trial will take considerable long time, I deem it proper to release the applicant on bail.

Accordingly, without commenting on the merits of the case, the application is allowed. It is directed that the applicant be released on bail upon his furnishing a personal bond in the sum of Rs.70,000/- (Rs. Seventy Thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court for his appearance before the trial Court, as and when required. He shall abide by the conditions enumerated u/S. 437(3) Cr.P.C.

C.C. as per rules. (ANIL VERMA)

J U D G E BDJ Digitally signed by BHUVNESHWAR DATT JOSHI Date: 2022.09.07 18:46:08 +05'30'