Criminal Case No. 59590 of 2022 · Madhya Pradesh High Court

RAJENDRA MEENA S/O SHRI KASHIRAM MEENA, 45 YEARS, VILL. BARBATPURA AGED ABOUT (MADHYA BEENAGANJ THANA CHACHODA GUNA PRADESH) (SHRI ANSHU GUPTA, LEARNED COUNSEL FOR APPLICANT) .....APPLICANT AND THE STATE OF MADHYA PRADESH INCHARGE POLICE STATION P.S CHACHODA (MADHYA PRADESH) (SHRI KULDEEP SINGH, LEARNED COUNSEL FOR STATE) .....RESPONDENTS This application coming on for hearing this day, the court passed the following: ORDER This is first bail application u/S.439 Cr.P.C filed by the applicant for grant of bail. Applicant has been arrested on 28.11.2022 by Police Station, Chachoda District Guna in connection with Crime No.506/2022 for the offence punishable under Sections 34(2) and 49-A of M.P. Excise Act. As per prosecution case, on 28.11.2022, 60 liters of illicit liquor on the suspicion that the said liquor is either poisonous or unfit for human consumption, was seized from the possession of applicant. Applicant was arrested. Crime No.506/2022 for the offence punishable under Sections 34(2) 2 and 49-A of M.P. Excise Act was registered against present applicant. The samples of seized liquor were sent for chemical examination but the report is still awaited. Learned counsel for the applicant submits that applicant is innocent and falsely implicated in the case. He is in custody since 28.11.2022. He undertakes to cooperate in investigation/trial. After investigation, charge-sheet has been filed and therefore, further custodial interrogation of the applicant is no more required. Conclusion of trial will take time. On such premises, learned counsel for the applicant prayed for bail. Learned counsel for the State opposed the application and prayed for its rejection. Heard learned counsel for both the parties and perused the case diary. Looking to the facts and circumstances of this case but without commenting upon the merits of the case, this Court is of the opinion that the application should be allowed and by allowing the application it is ordered that if the applicant furnishes cash security of Rs.25,000/- alongwith bail bond in the sum of Rs.25,000/- (Rs. Twenty Five thousand only) before the trial Court, he should be released on bail. He will present during trial before the trial Court on each and every date. In case of any default, cash security of Rs.25,000/- shall be forfeited without giving him any notice. Application stands allowed and disposed of. Certified copy as per rules Digitally signed by YOGENDRA OJHA 10:31:53 +05'30' (DEEPAK KUMAR AGARWAL) 3 JUDGE