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Judgment
18 paragraphs · 361 wordsVivek Rusi, J
This is first application filed under section 439 Cr.P.C seeking bail in connection with Crime No.220/2021 registered at police station Pithampur,
district Dhar for the offence punishable under section 34(2) of the M.P Excise Act.
As per prosecution case, on 09.05.2021 the Police recovered 105 bulk liters of country made liquor along with raw materials and drums etc. used for
preparation of the aforesaid liquor. After seeing the Police, the present applicant and one co-accused said to have fled away from the spot and could
not be arrested. Later on, the present applicant was arrested on 18.06.2021 and the aforesaid offence has been registered against him.
Learned counsel for the applicant submits that applicant has been falsely implicated in the offence. He further submitted that liquor as well as other
materials were recovered from the open place and he has no criminal antecedents. He further submitted that applicant has not been arrested from the
spot and nothing has been recovered from him. Investigation is complete and charge sheet has been filed. No further custodial interrogation is
required. There is no likelihood of early conclusion of the trial, hence prayed for release of the applicant on bail.
Learned counsel appearing for the respondent/State opposes the prayer and prayed for dismissal of the bail application.
Considering the facts and circumstances of the case, without commenting on the merits of the case, the application filed by the applicant is allowed.
The applicant is directed to be released on bail on his furnishing a personal bond in the sum of Rs.40,000/- (Rupees Forty Thousand Only) with one
solvent surety of the like amount to the satisfaction of the trial Court for his regular appearance before the trial Court during trial with a condition that
he shall remain present before the court concerned during trial and shall also abide by the conditions enumerated under Section 437(3) Cr.P.C.
Before releasing the applicant from custody the jail authorities are directed to medically examine him in order to rule out the possibility of COVID-19
infections and shall comply with the direction given by the Hon'ble Apex Court in Writ Petition No. 1/2020.
C.C. as per rules.