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Judgment
15 paragraphs · 304 wordsThis is the First Bail Application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant in connection
with Crime No. 26/2017 registered at Police Station Taregaon Jangal, Distt. Kabeerdham (CG) for the offence punishable under Sections 3 & 7 of the
Essential Commodities Act.
As per the prosecution case, on an information received on 06.12.2017 a raid was conducted and four packets of rice were recovered from a
pickup bearing No.MP 51 G 0542 and it is alleged that the said rice was meant for distribution and consumption in the Boys Hostel and was delivered
by fair price shop. As such the offence has been committed.
Learned counsel for the applicant submits that total 21 quintal rice were procured from the fair price shop and on physical verification which was
obtained on 09.12.2017 would show that entire 41 bags were present. He would further submit that the charge-sheet in this case has been filed and no
further investigation is necessary and the applicant is in jail since 06.12.2017, therefore, the applicant may be released on bail.
Per contra, learned State counsel opposes the prayer for grant of bail.
Considering the entire facts of this case also taking into the nature of allegations and also that the charge-sheet in this case has been filed and the
applicant is in jail since 06.12.2017, I am inclined to release the applicant on bail.
Accordingly, the bail application is allowed and the applicant is directed to be released on bail on his executing a personal bond in sum of
Rs.25,000/- with one surety in the like sum to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date
given by the said Court.