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Judgment
11 paragraphs · 345 wordsVijay Kumar Shukla, J
This is second application filed under Section 439 of Cr.P.C. for grant of regular bail relating to FIR/Crime No.95/2024 dated (not mentioned) registered at Machalpur District Rajgarh (M.P.) for commission of offence punishable under Sections 34(2) of Excise Act. His first application was dismissed as withdrawn with liberty to revive the same after filling of the charge sheet.
It is alleged that from the possession of the applicant, 538 ltrs of country made and foreign liquor has been seized.
3 . Learned counsel for the applicant submits that the charge sheet has been filed. No further custodial interrogation is required.
4 . Learned counsel for the respondent/state opposed the prayer and submits that apart from the present case, there are four criminal cases registered against the applicant and out of four, three cases are of IPC and one of Excise Act.
After hearing learned counsel for parties and taking into consideration that the investigation has been completed and the charge sheet has been filed, prima facie case is made out for grant of bail, however on certain conditions. Therefore, without expressing any view on the merits of the case, the application is allowed.
It is directed that Applicant- Kamal shall be released from custody upon furnishing a personal bond of Rs.50,000/- (Rupees Fifty Thousand Only) with one surety of the like amount to the satisfaction of the court below on the following conditions :
(i) That applicant shall not indulgence in any offence during the bail and if he indulges in any offence during the bail, the prosecution may file an application for cancellation of bail
(iii) The applicant shall mark his presence before the concerned police station on every 15th day of the month during the pendency of trial.
A typed copy of this order is being forwarded to the Office of the Advocate General, on their email address, for intimation to the Police Station concerned. The office is requested to forward a copy of this order to the court below.
C.c. as per rules.