AI Structured Summary
Not yet generated for this judgment
No AI summary yet
Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.
Judgment
10 paragraphs · 369 wordsAnil Verma, J
Applicant has filed this first bail application under Section 439 of the Code of Criminal Procedure, 1973 in connection with Crime No. 595/2022 registered at P.S – City Kotwali, District- Ujjain (M.P.) for commission of offence punishable under Sections 49-A of M.P. Excise Act.
As per prosecution story, the applicant was found in possession of 5 bulk liters spurious unfit for human consumption. Accordingly, the aforementioned offence was registered and he was arrested.
Learned counsel for the applicant contended that applicant is innocent and has been falsely implicated in this offence. There is no legal evidence available on record to connect the applicant with the aforementioned offence. Applicant is in custody since 08/10/2022 He is permanent resident of District- Mandsaur. There is no apprehension of his fleeing away from the court of justice. Final conclusion of trial shall take sufficient long time. Under the above circumstances, prayer for grant of bail may be considered on such terms and conditions, as this Court deems fit and proper.
Per-contra, learned PL for respondent – State opposes the bail application and prays for its rejection stating that six criminal antecedents have been found against the applicant of similar naturer; he is habitual offender, therefore, he does not deserve for bail.
Perused the impugned order of the trial Court as well as the case dairy.
Considering all the facts and circumstances of the case, arguments advanced by both the parties, nature of allegation as also taking note of the fact that he is in custody since 08/10/2022 and possibility of delay in conclusion of the trial cannot be ruled out, in view of the evidence available on record, I deem it proper to release the accused / applicants 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 on his furnishing 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 all the conditions enumerated u/S. 437(3) Cr.P.C.,
Certified copy, as per Rules.