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Judgment
11 paragraphs · 378 wordsSatyendra Kumar Singh, J
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This is first application filed under Section 439 of Cr.P.C for grant of bail to the applicant as he has been arrested on 03.09.2023 in connection with Crime No.117/2023 registered at Police Station Endori District Bhind (M.P.) for commission of offence punishable under Section 34(2) of MP Excise Act.
3 . Prosecution case, in brief, is that on 03.09.2023 the applicant was found having 60 bulk litres of illicit country made liquor in two plastic cans lying in the thatch (Chhappar) situated in front of his living room for the purpose of sale without having any license.
Learned counsel for the applicant submits that applicant has not committed any offence. Nothing has been seized from his possession. He has falsely been implicated in the matter by the police by showing false seizure. He is in custody since 03.09.2023. Investigation is going to be completed very shortly. Trial will take time for its conclusion. Hence, prayer is made to enlarge the applicant on bail.
Learned counsel for the respondent/State has vehemently opposed the prayer and submits that the applicant has criminal antecedents and two criminal cases have been registered against him, therefore, he is not entitled to be released on bail.
Heard the learned counsel for both the parties.
Having considered the rival submissions, material pointed out by the learned counsel for the applicant, place of seizure of the liquor, quantity of liquor said to be seized from the possession of the applicant and other facts and circumstances of the case, without expressing any opinion on the merits of the case, the application is allowed.
1 It is directed that the applicant be released on bail upon furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with a solvent surety in the like amount to the satisfaction of the concerned Court for his appearance before the Trial Court on all such dates as may be fixed in this behalf by the Trial Court during the pendency of trial. It is further directed that the applicant shall comply with the provisions of Section 437(3) of Cr. P. C.
This application is allowed and stands disposed of.
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