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Judgment
11 paragraphs · 367 wordsSatyendra Kumar Singh, J
Case diary is available.
This is first application filed under Section 439 of Cr.P.C for grant of bail to the applicant as he has been arrested on 23.07.2023 in connection with Crime No.130/2023 registered at Police Station Mohana, District Gwalior (M.P.) for commission of offence punishable under Section 34(1), 49(a) of MP Exise Act.
3 . Prosecution story, in brief is that on 22.07.2022 the applicant was found sitting near Bridge of Parvati River, Old A.B. Road, Mohana, with 10 liters of illicit spurious country made liquor in a plastic can for the purpose of sale without having any license.
Learned counsel for the applicant submits that nothing has been seized from the possession of the applicant. He has falsely been implicated in the matter only on the basis of suspicion. There is nothing on record to suggest that the seized liquor is spurious in nature. Place of seizure is an abandoned place. Applicant is in custody since 23.07.2023. His custodial interrogation or trial is not required, therefore, he may be enlarged on bail.
Learned counsel for the respondent/State has vehemently opposed the prayer and submits that the applicant is not entitled for bail.
Heard the learned counsel for both the parties.
Having considered the rival submissions, material pointed out by the learned counsel for the applicant, quantity of seized liquor, evidence produced on record with regard to the nature of seized liquor, so also the other facts and circumstances of the case, without expressing any opinion on the merits of the case, the application is allowed.
1 It is directed that the applicant be released on bail upon furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with a solvent surety in the like amount to the satisfaction of the concerned Court for his appearance before the Trial Court on all such dates as may be fixed in this behalf by the Trial Court during the pendency of trial. It is further directed that applicant shall comply with the provisions of Section 437 (3) of Cr. P. C.
This application is allowed and stands disposed of.
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