High CourtsSingle Bench

Manish Kushwaha vs State Of Madhya Pradesh

Madhya Pradesh High Court · Decided on 1 July 2023 · Citation: (2023) 07 MP CK 0011

HON’BLE JUDGES
Vishal Dhagat, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 437(3), 439 · Madhya Pradesh Excise Act, 1915 — Section 34(2)
RESULT
Allowed
CASE NUMBER
Miscellaneous Criminal Case No. 28001 Of 2023
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Judgment

9 paragraphs · 205 words

Vishal Dhagat, J

1.

This is an application filed under Section 439 of Cr.P.C. on behalf of applicant, who is in jail since 22.6.2023 in connection with Crime No. 429/2023, registered at Police Station Motinagar District Sagar for the offence punishable under Section 34 (2) of the M.P. Excise Act.

2 . Learned counsel appearing for the applicant submitted that applicant is innocent and being falsely implicated in the case. 64 bulk liters of country made liquor has been seized from the applicant. Applicant is first time offender. Offence is triable by JMFC. In these circumstances, applicant may be enlarged on bail.

3 . Learned counsel appearing for the State has opposed the bail application.

4.

Heard learned counsel for the parties.

5.

Considering the aforesaid facts and circumstances of the case, bail application filed by the applicant is allowed

6.

It is directed that the applicant shall be released on bail on his furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety in the like amount to the satisfaction of the trial court.

7.

In addition to aforesaid condition, the applicant shall abide by the conditions enumerated in Section 437(3) of Cr.P.C.

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