High CourtsSingle Bench

Kamal Pandey vs State of M.P

Madhya Pradesh High Court · Decided on 25 February 2022 · Citation: (2022) 02 MP CK 0175

HON’BLE JUDGES
Deepak Kumar Agarwal, J
ACTS & SECTIONS REFERRED
Madhya Pradesh Excise Act, 1915 — Section 34(1), 34(2), 49(a) · Code Of Criminal Procedure, 1973 — Section 439
RESULT
Allowed
CASE NUMBER
Miscellaneous Criminal Case No. 10110 Of 2022
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Judgment

13 paragraphs · 290 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 24.1.2022 by Police Station, Ghatigaon, District Gwalior, in connection with Crime No.132/2021 for the offence punishable under Section 34(1), 34(2) and 49(a) of the Excise Act.

As per prosecution story, on 13.12.2021 from the possession of applicant and co-accused 400 bulk liters of illicit liquor unfit for human consumption has been seized. Applicant has been arrested on 24.1.2022. 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 24.1.2022. Investigation has been complete and charge-sheet has been filed. Co-accused Sunil Singh has been released on bail by this Court vide order dated 11.2.2022 passed in M.Cr.C.No.7673/2022. 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 through video conferencing.

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 applicant furnishes 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.

Application stands allowed and disposed of.

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

Certified copy as per rules.