High CourtsSingle Bench

Akash Sharma vs State Of M.P

Madhya Pradesh High Court · Decided on 2 February 2022 · Citation: (2022) 02 MP CK 0019

HON’BLE JUDGES
Deepak Kumar Agarwal, J
ACTS & SECTIONS REFERRED
Madhya Pradesh Excise Act, 1915 — Section 49(a) · Code Of Criminal Procedure, 1973 — Section 439
RESULT
Allowed
CASE NUMBER
Miscellaneous Criminal Case No.5691 Of 2022
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Judgment

19 paragraphs · 280 words

Deepak Kumar Agarwal, J

This is the First bail application u/S.439 Cr.P.C filed by the applicant for grant of bail.

Applicant has been arrested on 23.12.2021 by Police Station, Aron, District Gwalior, in connection with Crime No.83/2021 for the offence punishable

under Section 49(a) of the M.P. Excise Act.

As per prosecution story, on 23.12.2021 from the possession of applicant and co-accused 15 liters of illicit liquor unfit for human consumption has been

seized. Applicant and co-accused have been arrested. After investigation, charge-sheet has been filed.

Learned counsel for the applicant submits that applicant has been falsely implicated in the case. He is in custody since 23.12.2021. FSL report has not

been received in the case so far. Investigation has been complete and charge-sheet has been filed. Conclusion of trial will take time. On such

premises, learned counsel for the applicant prayed for bail.

Learned counsel for the State opposed the prayer and prayed for dismissal of the application.

Both the Advocates are heard through video conferencing.

Case diary perused.

Looking to the facts and circumstances of the case, but without commenting on 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 applicant furnishes bail bond of Rs.25,000/- (Rupees Twenty Five Thousand only)

with one solvent surety in the like amount to the satisfaction of the trial Court, he should be released on bail.

He will present during trial before the trial Court on each and every date.

Application stands allowed and disposed of.

Copy of this order be sent to the trial Court concerned for compliance.

Certified copy as per rules.