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Judgment
9 paragraphs · 295 wordsVijay Kumar Shukla, J
This is first application under Section 439 of the Cr.P.C. for grant of regular bail filed on behalf of the applicant in connection with FIR No.76/2024 dated (not mentioned) registered at Police Station - Malhargarh, district Mandsaur (M.P.) for the offence punishable under Section 34(2) of the M.P. Excise Act.
As per prosecution case, 60 bulk liters illicit liquor has been seized from the possession of applicant.
3 . Counsel for the applicant submits that applicant has no criminal record. He is in jail since 16.05.2024. Investigation is over, and chargesheet has been filed. Applicant is not required for further custodial interrogation. In these circumstances, the applicant be released on bail.
Counsel for the State submits that case diary is not available and prays for time to call the case diary.
After hearing learned counsel for parties and taking into consideration the statement made by counsel for applicant at the Bar that charghesheet has been filed and applicant has no criminal antecedents, however without expressing any view on the merits of the case, the application is allowed.
6 . It is directed that Applicant- Gopal shall be released from custody upon furnishing a personal bond of Rs.50,000/- (Rupees Fifty Thousand Only) with one surety of the like amount to the satisfaction of the court below on the condition that if the prosecution finds that there is criminal record of the applicant, the prosecution may file an application for cancellation of bail.
A typed copy of this order is being forwarded to the Office of the Advocate General, on their email address, for intimation to the Police Station concerned. The office is requested to forward a copy of this order to the court below.
C.c. as per rules.