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Judgment
11 paragraphs · 322 wordsDeepak Kumar Agarwal, J
The applicant has filed this first application under Section 439 of CrPC for grant of bail.
The applicant has been arrested on 11.10.2022 in connection with Crime No.681/2022 registered at Police Station Bahodapur District Gwalior for offence under Section 49(A) of MP Excise Act.
As per prosecution story, on 11.10.2022 police seized 05 liters of countrymade liquor from the possession of applicant on the suspicion that the same is unfit for human consumption. Sample of liquor was sent for chemical examination but the report is still awaited. Offence was registered. Applicant was arrested.
Learned counsel for the applicant submits that applicant is innocent and falsely implicated in the case. He is in custody since 11.10.2022. After investigation, charge-sheet has been submitted and therefore, further custodial interrogation of the applicant is no more required. He undertakes to cooperate in trial. Conclusion of trial will take time. On such premises, learned counsel for the applicant prayed for bail.
Learned counsel for the State opposed the application and prayed for its rejection by submitting that the applicant has criminal antecedents of six criminal cases.
Both the Advocates are heard. Case diary perused.
Looking to the aforesaid facts and circumstances of the case, without commenting upon the merits of the case, this Court is of the opinion that the application should be allowed and by allowing the application it is ordered that if the applicant furnishes cash security of Rs.5,000/- along with bail bond of Rs.25,000/- (Rupees twenty five thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court, he should be released on bail.
He will present during trial before the trial Court on each and every date. In case of any default, cash security of Rs.5,000/- shall be forfeited without giving any notice.
A copy of this order be sent to the concerned trial Court for information and compliance.
CC as per rules.