Girdharilal vs State Of MP

This is 2nd bail application under Section 439 of Cr.P.C. in connection with Crime No.385/2020 registered at Police Station â€" Excise Bagnagar,

District-Ujjain under Section 34(1)A(2) & 49(a)(1) of Excise Act.

First application was dismissed as withdrawn in the wake of 3 criminal cases bearing Crime No.328/2002, 115/2006, 181/2012 registered against the

petitioner.

This time, the petitioner has come with the judgment of acquittal in Crime No.115/2006 and 181/2012 and judgment of conviction in Crime

No.328/2002 in which this Court, vide order dated 08/05/2012 delivered in CRA No.563/2004 has allowed the appeal and reduced the sentence of the

petitioner under Section 325/34 of IPC to the period already undergone, which was 7 days.

In the present case, the petitioner was found in illegal possession of 60 bulk liters of country made liquor on 20/01/2020.

Having regard to the nature of allegation and explanation of earlier criminal record, coupled with the period of custody, I deem it proper to allow the

bail. Therefore, without commenting on merits of the case, the application is allowed.

It is directed that the petitioner Girdharilal S/o Ganpatlal be released from custody on his furnishing a personal bond in the sum of Rs.20,000/-

(Rs. Twenty Thousand) with one solvent surety of the like amount to the satisfaction of the Trial Court for his appearance before the Trial Court as

and when required further subject to the following conditions:

(i) The petitioner shall co-operate in the trial and shall attend the trial Court during the trial;

(ii) The petitioner shall not directly or indirectly allure or make any inducement, threat or promise to the prosecution witnesses, so as

to dissuade them from disclosing such facts of the Court;

(iii) The petitioner shall not commit any offence or involve in any criminal activities;

(iv) In case, involvement in any other criminal activity is found, the bail granted in this case may also be cancelled.