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Judgment
15 paragraphs · 271 wordsAnjuli Palo, J
This is first application under Section 439 of the Cr.P.C. for grant o f regular bail filed on behalf the applicant who is in custody since 09/07/2021 in
connection with Crime No. 556/2021 registered at Police Station Khaknar District Burhanpur, for offence punishable under Section 34(2) of the M.P.
Excise Act.
As per the prosecution case, it is alleged that 56.34 bulk litres of country-made liquor has been seized from the possession of the applicant.
Learned counsel for the applicant submits that the applicant has been falsely implicated in the case. He has no criminal antecedent. Due to Covid-19
pandemic situation, trial will take considerable time, therefore, it is prayed that he be released on bail.
Learned Panel Lawyer for the State has strongly opposed the bail application.
Considering the facts and circumstances of the case, quantity of liquor seized from the possession of the applicant and that this is his first offence
under the Excise Act, without commenting upon the merits of the case, this application is allowed.
It is directed that applicant- Dev Singh be released on bail on furnishing a personal bond in the sum of Rs. 50,000/- (Rupees Fifty Thousand only) with
one solvent surety in the like amount to the satisfaction of the concerned trial Court for his appearance before the trial Court on the dates so fixed by
that Court during trial. If the applicant is found involved in similar offence in future, this order of bail shall stand ineffective. The applicant shall comply
with the provisions of Section 437 (3) of the Cr.P.C.
Accordingly, the application is allowed and disposed of.
