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Kuldeep Ojha vs State Of Madhya Pradesh

Madhya Pradesh High Court · Decided on 2 August 2023 · Citation: (2023) 08 MP CK 0017

HON’BLE JUDGES
Satyendra Kumar Singh, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 437(3), 439 · Madhya Pradesh Excise Act, 1915 — Section 34(2)
RESULT
Allowed/Disposed Of
CASE NUMBER
Miscellaneous Criminal Case No. 33736 Of 2023
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Judgment

11 paragraphs · 345 words

Satyendra Kumar Singh, J

1.

Case diary is available.

2.

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 17.07.2023 in connection with Crime No.180/2023 registered at Police Station Umari, District Bhind (M.P.) for commission of offence punishable under Section 34(2) of MP Exise Act.

3.

Prosecution story, in brief is that on 17.07.2023 the applicant was found carrying 63 bulk litres of illicit country made liquor in car bearing registration No.MP04-KG-1891 for the purposes of sale without having any license.

4.

Learned counsel for the applicant submits that applicant has not committed any offence. Nothing has been seized from his possession. He has falsely been implicated in the matter by the police by showing false seizure. He is in custody since 17.07.2023. The applicant has no criminal history. Investigation is going to be complete very shortly. Trial will take time for its conclusion. Hence, prayer is made to enlarge the applicant on bail.

5.

Learned counsel for the respondent/State has vehemently opposed the prayer, but fairly conceded that the applicant has not criminal antecedents.

6.

Heard the learned counsel for both the parties.

7.

Having considered the rival submissions, material pointed out by the learned counsel for the applicant and looking to the quantity of liquor said to be seized from the possession of the applicant, without expressing any opinion on the merits of the case, the application is allowed.

7.

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.

8.

This application is allowed and stands disposed of.

Certified copy as per rules.