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Judgment
7 paragraphs · 381 wordsVinay Saraf, J
This is the second bail application under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023 on behalf of applicant- Laxmi Prasad Nishad for grant of regular bail in connection with Crime No.241/2025, registered at Police Station N.K.J., District Katni Under sections 34(2) of the M.P. Excise Act, 1915. The first bail application was dismissed as withdrawn by order dated 01.08.2025 in M.Cr.C. No.27975/2025 with liberty to renew the same after three months. The applicant is in custody since 06.06.2025.
Learned counsel for the applicant submits that the applicant is an innocent person and has been falsely implicated in the present case. He further submits that by order dated 01.08.2025, the applicant was permitted to renew the prayer after a period of three months and the three months have already been passed. He prays for enlarging the applicant on bail.
3 . Learned P.L. for the respondent/State opposed the present application on the ground that 57 bulk litres of illicit liquor was seized from the possession of the present applicant when he was transporting the same. He submits that sufficient material is available against the present applicant. He further submits that earlier four cases were registered against the present applicant whereby the two cases were under the provisions of Public Gambling Act and two were registered under Section 34(1) of the M.P. Excise Act. He prays for dismissal of the present application.
Considering the fact that the charge-sheet has been filed, offence is trial by the Judicial Magistrate First Class, liberty was granted to renew the prayer after three months, without commenting on the merits of the case, I deem it proper to allow the application.
Accordingly, the applicant, Laxmi Prasad Nishad be released on bail upon furnishing the personal bond of Rs.50,000/-(Rupees Fifty Thousand Only) along with a surety of the like amount to the satisfaction of trial court for his regular appearance before the trial court during trial. The applicant will abide by the conditions enumerated under Section 480(3) of the BNSS, 2023. During the pendency of the case if applicant is indulged in commission of any offence of similar nature, the prosecution will be entitled to move an application for cancellation of bail before the trial court.
Accordingly, M.Cr.C. is allowed.