High CourtsSingle Bench

Irshad Khan vs State Of Madhya Pradesh

Madhya Pradesh High Court · Decided on 8 December 2022 · Citation: (2022) 12 MP CK 0054

HON’BLE JUDGES
Deepak Kumar Agarwal, J
ACTS & SECTIONS REFERRED
Madhya Pradesh Excise Act, 1915 — Section 49A · Code Of Criminal Procedure, 1973 — Section 439
RESULT
Allowed
CASE NUMBER
Miscellaneous Criminal Case No.57903 Of 2022
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Judgment

12 paragraphs · 293 words

Deepak Kumar Agarwal, J

This is the first bail application u/S.439 Cr.P.C filed by the applicant for grant of bail.

Applicant has been arrested on 29.06.2022 by Police Station, Kotwali, Shivpuri District Shivpuri in connection with Crime No.483/2022 for the offence punishable under Section 49(A) of the M.P. Excise Act.

As per prosecution story, from the possession of applicant, 4 liters of liquor unfit for human consumption has been seized. Liquor was sent for chemical analysis. As per chemical report, seized liquor was found unfit for human consumption. After investigation, charge-sheet has been filed.

Learned counsel for the applicant submits that applicant has been falsely implicated in the case. He is in custody since 29.06.2022.. After investigation, charge-sheet has been filed. Conclusion of trial will take time. On such premises, learned counsel for the applicant prayed for bail.

Learned counsel for the State opposed the prayer and prayed for dismissal of the application.

Both the Advocates are heard. Case diary perused.

Looking to the facts and circumstances of the case, but without commenting on 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.25,000/- 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.25,000/- shall be forfeited without any notice.

Application stands allowed and disposed of.

Copy of this order be sent to the trial Court concerned for compliance.

Certified copy as per rules.