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Judgment
Virender Singh, J
Crime No.
Under section
Police Station
Arrest Date
616/2021
34(2) of M.P. Excise Act, 1915
Amarwada Distt. Chhindwara (M.P.)
17.10.2021
As declared by the petitioner, this is the first bail application under Section 439 of Cr.P.C.
As per the prosecution case, on a discreet information, the Police recovered 7 boxes of English Wine containing 59.760 bulk litres from a Maruti vehicle bearing Registration No.MP-28-CB-2838 in which three persons namely Shakti, Rohit and Anuj were sitting. On further enquiry, it revealed that the said wine was purchased by them from the present petitioner Kamal @ Tinku of Budhwari Bazar, Seoni for the purpose of sale and the same was demanded by one Awadhesh Dehariya. Accordingly, the case has been registered.
The ld. counsel for the petitioner submitted that the petitioner has been falsely implicated in the offence. He further made statement at bar that the petitioner has no criminal antecedents.
The ld. Panel Lawyer opposed the bail, however, submitted that no criminal record attributed to the petitioner is available in the case diary.
Considering the quantity recovered, the date of arrest, absence of criminal record and other facts and circumstances of the case, I deem it appropriate to release the petitioner on bail, therefore, without commenting on the merits of the case, the petition is allowed.
It is directed that the petitioner Chandrakamal Jat @ Tinku be released from custody on his furnishing a personal bond in the sum of Rs.40,000/- (Rupees Forty Thousand) with separate solvent surety of the like amount to the satisfaction of the trial Court for his appearance before the trial Court as and when required, further subject to the following conditions :-
(i) The petitioner shall co-operate with the trial and shall not seek unnecessary adjournments on frivolous grounds to protract the trial.;
(ii) The petitioner shall not directly or indirectly allure or make any inducement, threat or promise to the prosecution witnesses, so as to dissuade them from disclosing truth before the Court;
(iii) The petitioner shall not commit any offence or involve in any criminal activity;
(iv) In case of his involvement in any other criminal activity or breach of any other aforesaid conditions, the bail granted in this case may also be cancelled.