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
15 paragraphs · 277 wordsJ. P. Gupta, J
This is the first bail application under Section 439 of the Code of Criminal Procedure, 1973 filed for grant of bail to the applicant who has been
arrested on 28/09/2020 in connection with Crime No.849/2020 for offences registered under Sections 34(2) of M.P Excise Act, police station Kotwali
Betul, District Betul.
Allegation against the applicant/accused is that from joint possession of applicant and other co-accused 80 litre hand made liquor was seized.
Learned counsel for the applicant submitted that applicant is innocent and he is in custody since 28/09/2020. Charge sheet has been filed and trial will
take time and the applicant has no criminal antecedent and there is no likelihood of the applicant absconding or tampering with the evidence, therefore
his further custody is not required as trial will take time. Hence the applicant be released on bail.
Learned PL for the respondent/State has opposed the application and prayed for its rejection.
Having considered all facts and circumstances of the case, in view of this Court, the applicant is entitled to get benefit of bail. Hence without
commenting anything on the merits of the case, this application is allowed. It is ordered that the applicant Atul @ Shanky be released on bail on his
furnishing a personal bond for the sum of Rs.25,000/- (Rs.Twenty Five Thousand only) with a 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 and for complying with the
conditions enumerated in sub-section (3) of Section 437 of Cr.P.C
Certified copy as per rules.