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Judgment
8 paragraphs · 338 wordsVinay Saraf, J
This is first application filed under section 483 of BNSS, 2023 for grant of bail on behalf of applicant Kedar S/o Ramcharan in connection with Crime No.95/2026, registered at Police Station - Gaurajhamar, District Sagar under section 34(2) of M.P. Excise Act.
The prosecution case in brief is that on 17.05.2026 upon a secret information regarding transportation of illicit liquor, one black motorcycle was intercepted by Head Constable and the applicant, who was transporting 61.2 bulk liter of illicit liquor on the said motorcycle, was arrested and 61.2 bulk liter illicit liquor was seized from the possession of the applicant. Since then, he is in custody.
Counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case, the matter is triable by the Judicial Magistrate First Class, and the applicant is in custody since 17.05.2026. Investigation is almost over. There is no criminal antecedent of the applicant. He prays for grant of bail to the present applicant.
Learned Government Advocate opposed the bail application on the ground that illicit liquor of 61.2 bulk liter was seized from the possession of the applicant and sufficient material is available against the present applicant. Investigation is pending. He prays for dismissal of the application.
Considering the facts that the applicant is in custody since 17.05.2026, the case is triable by the Judicial Magistrate First Class, the investigation is almost over, there is no past criminal antecedents of the present applicant, without commenting on the merits of the case, I deem it proper to allow the application.
Accordingly, the application is allowed. The applicant is directed to be released on bail on his furnishing a personal bond of Rs. 50,000/- (Rupees Fifty Thousand Only) with one surety in the like amount to the satisfaction of trial Court.
It is directed that the applicant shall comply with conditions as enumerated under section 480(3) of BNSS and will not indulge in any similar offence during trial.