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Chhotu @ Brajesh Ojha vs State Of Madhya Pradesh

Madhya Pradesh High Court · Decided on 27 December 2023 · Citation: (2023) 12 MP CK 0114

HON’BLE JUDGES
Subodh Abhyankar, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 437(3), 439 · Madhya Pradesh Excise Act, 1915 — Section 49(A)
RESULT
Allowed
CASE NUMBER
Miscellaneous Criminal Case No. 56488 Of 2023
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Judgment

9 paragraphs · 351 words

Subodh Abhyankar, J

1.

They are heard. Perused the chargesheet which has been filed by the applicant.

2.

This is a First application under Section 439 of Criminal Procedure Code, 1973, as the applicant is implicated in connection with Crime No.423/2023 registered at Police Station Bairad, District Shivpuri (MP) for offence punishable under Section 49(A) of the M.P. Excise Act.

3.

As per prosecution story, the applicant was found in possession of 25 bulk litres of spurious liquor.

4 . Learned counsel for the applicant submitted that applicant has been falsely implicated in this case as he had undergone Piles Operation only on 28.11.2023 whereas the FIR has been lodged on 07.12.2023. It is further submitted that the applicant owns a furniture shop and bears no criminal antecedents. The applicant is lodged in jail since 07.12.2023 and final conclusion of the trial is likely to take sufficient long time, therefore, it is prayed that the application be allowed and the applicant be released on bail.

5.

Counsel for the respondent/State, on the other hand has opposed the application and prays for its rejection. However, it is no denied that there are no criminal antecedents of the accused.

6 . Having considered the rival submissions, perusal of the case diary and further considering the fact that applicant bears no criminal antecedents and is lodged in jail since 07.12.2023 and the final conclusion of the trial is likely to take sufficient long time, without reflecting anything on the merits of the case, the application filed under Section 439 of Cr.P.C. on behalf of the applicant is hereby allowed.

7.

The applicant is directed to be released on bail upon furnishing a personal bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) with one solvent surety of the like amount to the satisfaction of the trial Court for his regular appearance before the trial Court during trial with a condition that he shall remain present before the court concerned during trial and shall also abide by the conditions enumerated under Section 437 (3) Criminal Procedure Code, 1973.

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