High CourtsSingle Bench

Gopal Bachara vs State Of M.P

Madhya Pradesh High Court · Decided on 10 December 2020 · Citation: (2020) 12 MP CK 0080

HON’BLE JUDGES
Vivek Rusia, 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.49741 Of 2020
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Judgment

16 paragraphs · 271 words

Vivek Rusia, J

This is first bail application under Section 439 of Cr.P.C. For grant of bail. The applicant, who is implicated in Crime No.439/2020 registered at Police

Station â€" Neemuch City, Neemuch for the offence punishable under Section 34(2) of M.P. Excise Act. The applicant is in custody since 16/10/2020

As per prosecution story, 70 bulk liters illicit liquor has been seized from possession of the applicant

Learned counsel for the applicant submits that the applicant has falsely been implicated in the present case. The applicant is in custody since

16/10/2020. Charge-sheet has been filed and investigation is over. The conclusion of trial is likely to take time, hence prayed for release of the

applicant on bail.

Learned counsel for the State has opposed the bail application.

Perused the case diary.

Taking into consideration all the facts and circumstances of the case, without commenting on the merits of the case, the application is allowed. It is

directed that the applicant shall be released on bail on his/her furnishing personal bond in the sum of Rs. 40,000/- ( Rs. Forty Thousand only) with one

surety in the like amount to the satisfaction of the Trial Court for his/her appearance before the trial Court on the dates given by the concerned Court

and also comply with the conditions enumerated under Section 437(3) of Cr.P.C.

Before releasing the applicant from the custody the jail authorities are directed to medically examine him in order to rule out the possibility of COVID

-19 infections and shall comply with the direction given by the Hon'ble Apex Court in Writ Petition No. 1/2020.

C.C. as per rules.