Basubai vs State Of Madhya Pradesh

Vijay Kumar Shukla, J

This is first application filed under Section 439 of Cr.P.C. for grant of regular bail relating to FIR/Crime No.270/2024 dated (not mentioned) registered at Barwah District Khargone (M.P.) for commission of offence punishable under Sections 34(2) of Excise Act.

It is alleged that from the possession of the applicant, 65 ltrs of country made liquor has been seized.

Learned counsel for the applicant submits that the applicant is a lady and there is no possibility of her absconsion. She will co-operate with the investigation.

4 . Learned counsel for the respondent/state opposed the prayer and submits that in addition to present case, there is one more criminal case against the applicant.

After hearing learned counsel for parties and taking into consideration that the applicant is a lady and the quantity of liquor prima facie case is made out for grant of bail, however on certain conditions. Therefore, without expressing any view on the merits of the case, the application is allowed.

It is directed that Applicant- Basubai shall be released from custody upon furnishing a personal bond of Rs.50,000/- (Rupees Fifty Thousand Only) with one surety of the like amount to the satisfaction of the court below on the following conditions :

(i) That applicant shall not indulgence in any offence during the bail and if he indulges in any offence during the bail, the prosecution may file an application for cancellation of bail

(iii) The applicant shall mark his presence before the concerned police station on every 15th day of the month during the pendency of trial.

A typed copy of this order is being forwarded to the Office of the Advocate General, on their email address, for intimation to the Police Station concerned. The office is requested to forward a copy of this order to the court below.