High CourtsSingle Bench

Gajendra Gond vs State Of Madhya Pradesh

Madhya Pradesh High Court · Decided on 23 November 2020 · Citation: (2020) 11 MP CK 0107

HON’BLE JUDGES
J. P. Gupta, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 437(3), 439 · Madhya Pradesh Excise Act, 1915 — Section 34(2)
RESULT
Allowed
CASE NUMBER
Miscellaneous Criminal Case No. 36898 Of 2020
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Judgment

14 paragraphs · 253 words

J. 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 13/09/2020 in connection with Crime No.865/2020 for offences registered under Sections 34(2) Excise Act, police station Maihar, District

Satna.

Allegation against the applicant/accused is that from his possession 60 litre hand made liquor was seized.

Learned counsel for the applicant submitted that applicant is innocent and he is in custody since 13/09/2020. Charge sheet has been filed and trial will

take time. The applicant has no criminal antecedent and the applicant's further custody is not required and there is no likelihood of the applicant

absconding or tampering with the evidence. 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 this application is

allowed. It is ordered that the applicant Gajendra Gond 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.