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Judgment
10 paragraphs · 373 wordsPrakash Chandra Gupta, J
Heard with the aid of case diary.
This is first application filed under Section 439 of Cr.P.C. for grant of bail to the applicant, as he has been arrested on 03.03.2024 in connection with FIR/Crime No.62/2024 Date:-(Not mentioned) registered at P.S. - Kukdeshwar, District - Neemuch (M.P.) for commission of offence punishable under Section 34(2) of M.P. Excise Act.
A s per prosecution story, on 03.03.2024, the present applicant was found having and transporting 60.400 bulk litres of liquor in a motorcycle bearing registration No.MP-44-MV-0917 without having any license or authority. The Police had seized the aforesaid liquor and vehicle from possession of the present applicant. Accordingly, a case was registered against him.
Learned counsel for the applicant submits that applicant has not committed the offence and has falsely been implicated in the case. The offence is exclusively triable by Judicial Magistrate First Class. Applicant is in custody since 03.03.2024. The applicant has no criminal antecedents. After completion of investigation charge-sheet has been filed. Conclusion of the trial will take sufficient time for its disposal. Under these circumstances, prayer is made for grant of bail to the applicant.
4 . Per contra, learned Govt. Advocate appearing for the respondent/State has opposed the prayer and prayed for its rejection.
I have learned counsel for the parties and perused the record.
Considering the facts and circumstances and also the custodial period of the applicant, trial will take sufficient time for its disposal, without commenting on the merits of the case, this Court is of the view that applicant deserves to be enlarged on bail. Hence, the application is allowed.
It is directed that the applicant - Anil be released on bail upon his/her furnishing personal bond in the sum of Rs.50,000/(Rupees Fifty Thousand only) with one solvent surety in the like amount to the satisfaction of the concerned trial Court for his/her appearance before the trial Court on all such dates as may be fixed in this behalf by the trial Court during pendency of the trial. It is further directed that applicant shall comply with the provisions of Section 437(3) of Criminal Procedure Code, 1973.
This application is allowed and stands disposed of.