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Judgment
6 paragraphs · 286 wordsJ. P. Gupta, J
This is the first bail application under Section 439 of the Code of Criminal Procedure, 1973 filed for grant of bail to the applicant who has been arrested on 20/09/2020 in connection with Crime No.542/2020 for offences registered under Sections 34(2) of M.P Excise Act, police station City Kotwali, District Chhatarpur.
Allegation against the applicant/accused is that he along with co-accused person found transporting 63 bulk litre liquor without any authority.
Learned counsel for the applicant submitted that applicant is innocent and he is in custody since 20/09/2020. Charge sheet has been filed and trial will take time and there is no likelihood of the applicant absconding or tampering with the evidence.The applicant has no criminal antecedent of the offence punishable under M.P Excise Act and his further custody is not warranted. On the aforesaid grounds, learned counsel for the applicant has prayed that the applicant/accused be released on bail.
Learned PL for the respondent/State has opposed the application and prayed for its rejection.
Having considered all facts and circumstances of the case, in view of this Court the applicant is entitled to get benefit of bail. Hence without commenting anything on the merits of the case, this application is allowed. It is ordered that the applicant Asif Khan be released on bail on his furnishing a personal bond for the sum of Rs.30,000/- (Rs.Thirty Thousand only) with a solvent surety in the like amount to the satisfaction of the trial court for securing his presence before the said Court on all the dates of hearing fixed in this regard during trial and for complying with the conditions enumerated in sub-section (3) of Section 437 of Cr.P.C Certified copy as per rules.