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Judgment
8 paragraphs · 276 wordsSanjay Dwivedi, J
This first post-arrest application under Section 439 of the Code of Criminal Procedure has been filed on behalf of the applicant for grant of bail, who is behind the bars since 01.09.2022 in connection with Crime No.402/2022 registered at Police Station Chhola Mandir, District Bhopal (M.P.) for the offence punishable under Section 34(2) of the M.P. Excise Act.
As per case of prosecution, the applicant was found in illegal possession of 54 bulk liters of liquor, for which he had no licence or permit.
Learned counsel for the applicant submits that the applicant is in jail since 01.09.2022. He submits that the offence is triable by the Court of Judicial Magistrate First Class and trial will take time to be concluded. On these submissions, he prays that the applicant may be enlarged on bail.
In contrast, learned counsel for the State opposes the bail application and submits that the applicant has past criminal record, although not related to Excise Act.
Considering the submissions made by the counsel for the parties and on perusal of case diary, I am inclined to consider and allow this bail application. Therefore, without commenting anything on merits, this application is allowed. It is directed that the applicant be released on bail upon his furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One Lakh) with one solvent surety of the like amount to the satisfaction of the trial Court concerned for his appearance on the dates given by it.
I t is further directed that the applicant shall abide by the conditions enumerated in Section 437(3) of the Code of Criminal Procedure.
Certified copy as per rules.