Virender Singh, J. - As per statement made by the accused/applicant, this is the first bail application under Section 439 of Cr.P.C. before High Court in connection with Crime No.461/2016 (Cri.Case No.223/2017) under Section 34(2), 36,46 of M.P. Excise Act,1915 registered at Police Station - Excise Circle Petlawad District Jhabua M.P.

2. It is submitted by the learned counsel for the applicant that the applicant is innocent and has falsely been implicated in the present case. There is no evidence against him. Conclude of trial is likely to take time. The applicant is permanent resident of District-Jhabua. There is no possibility of his absconding. He is ready to furnish adequate security, therefore, he may be released on bail.

3. It is contended by the learned Counsel for the applicant that he is Sanjay, and not Pradeep. The Police arrested him in the present case taking him as Pradeep. In support of his contention, learned Counsel has filed a photocopy of an application submitted before the SHO Police Station Petlawad District Jhabua, by his fathers Aadhar Card, Voter ID Card, Ration Card of family, information regard Samerg Portal and few mark sheets of Sanjay s/o Tihiya. Father of the applicant has submitted that he does not have any Son with the name of Pradeep. This contention is supported by his Ration Card. The learned Counsel for the applicant pleaded that all these documents have been submitted before the Police also but the Police has arrested him as Sanjay s/o Tihiya.

4. It is further contended that the applicant was not found on the spot. He is implicated in the array of accused only on the basis of information given by co-accused Karansingh and Prasad, in their statement recorded under Section 27 of the Evidence Act. The vehicle in which the illicit liquor was found, was not registered in his name. Even the Police could not trace the registration number of the vehicle but arrested the applicant showing him as Pradeep s/o Tihiya, therefore, he may be granted bail.

5. The Prosecution has opposed the bail application stating that Sanjay and Pradeep, are one and the same persons. At the time of raid of the Police, the applicant escaped from the spot. The Police could arrest two remaining persons Karansingh and Prasad, who revealed before the Police that the vehicle belongs to Pradeep, therefore, the Police has arrested him.

6. Learned counsel for the applicant made statement at Bar that no criminal antecedent is attributed to the applicant.

7. According to the prosecution case, on 30.11.2016 the Police intercepted unnumbered pick up vehicle of Ashok Leyland make. Karansingh and Prasad, were found in the vehicle. On search, Police seized 130 boxes total 1234.6 bulk litre illegal liquor along with one sharp Gupti, Sword, Pistol and Cartridges. The Police took both of them in custody and interrogated who revealed that the vehicle belongs to one Pradeep. On this information, the Police has apprehended the present applicant.

8. Prosecution has not produced any record regarding document submitted by father of the applicant. Registration number of the vehicle could also not be traced by the prosecution. Similar is the position of evidence regarding owner of the vehicle.

9. The accused is in custody from 12.7.2018. Investigation is over and charge sheet has already been filed. Trial is likely to take time.

10. In view of the aforesaid and other facts and circumstances of the case and also the quantity alleged to have been seized, I deem it proper to release the accused/applicant on bail. Therefore, without commenting on merits of the case, the application is allowed.

11. It is directed that the applicant Pradeep @ Sanjay S/o Tihiya Makwana, be released from custody on his furnishing a personal bond in the sum of Rs. 50,000/- (Rupees Fifty Thousand Only) with one solvent surety to the satisfaction of the Trial Court for his appearance before the Trial Court as and when required further subject to the following conditions :-

(i) The applicant shall co-operate with the trial and shall not seek unnecessary adjournments on frivolous grounds to protract the trial.;

(ii) The applicant shall not directly or indirectly allure or make any inducement, threat or promise to the prosecution witnesses, so as to dissuade him from disclosing truth before the Court;

(iii) The applicant shall not commit any offence or involve in any criminal activity;

(iv) In case of his involvement in any other criminal activity or breach of any other aforesaid conditions, the bail granted in this case may also be cancelled. CC as per rules.