AI Structured Summary
Not yet generated for this judgment
No AI summary yet
Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.
Judgment
10 paragraphs · 382 wordsPrem Narayan Singh, J
Heard and perused the record.
This is the first bail application filed on behalf of the applicant under Section 439 of the Code of Criminal Procedure for grant of bail. The applicant is arrested in relation to Crime/FIR No.505/2024, dated (not mentioned), registered at Police Station-Jhabua, District-Jhabua, for the offence under Sections 34(2), 36 & 46 of M.P. Excise Act , 1915. The applicant is in jail since 01.05.2024.
As per prosecution story, it is alleged that 135 bulk litres of illicit liquor has been seized from the possession of applicant.
Learned counsel for the applicant submits that the applicant is innocent and has falsely been implicated in this case. The applicant is in jail since 01.05.2024. The case is triable by Judicial Magistrate First Class and final conclusion of trial will take sufficient long time. Under these circumstances, counsel prays for grant of bail to the applicant.
On the other hand, learned counsel for the State opposed the prayer, however, it is fairly admitted that there are no criminal antecedents against the applicant.
After hearing learned counsel for the parties and looking to the facts and circumstances of the case as well as custody period of the applicant and also the case is triable by JMFC, I am of the view that it is a case in which applicant may be released on bail. Consequently without commenting on the merits of the case, first bail application under Section 439 of the Code of Criminal Procedure for grant of bail filed on behalf of applicant, stands allowed.
6 . It is directed that the applicant/accused be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Fifty Thousand only) with one 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. It is also directed that the applicant shall comply with the provisions of Section 437(3) of the Cr.P.C.
This order shall be effective till the end of the trial. However, in case o f bail jump and breach of any of the conditions of bail, it shall become ineffective.
Certified copy as per rules.