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Judgment
15 paragraphs · 295 wordsJ. P. Gupta, J
This is first application filed by the applicant under section 439 of Cr.P.C. for grant of bail, who is in custody since 20.12.2020 in connection with
Crime No.1284/2020 registered at Police Station Lasudiya, Indore for the offence punishable under section 34(2) of Excise Act.
As per prosecution story, the applicant was found in possession of 72 bulk liters liquor without any license.
It is submitted that applicant is in custody since 20.12.2020. Investigation is over and there is no need to keep the applicant in custody further. He has
no criminal antecedents. There is no likelihood of absconding of the applicant or tampering with the evidence. Offence is triable by JMFC and
conclusion of trial will take long time. Looking to the facts of the case, applicant's custodial trial is not warranted. Apart from it, at present due to
Covid 19, there is a need to reduce the crowd in the jail. Hence, the applicant may be enlarged on bail.
Learned Panel Lawyer has opposed the application and prayed for rejection of the same.
Having considered the contentions of learned counsel for the parties, facts and circumstances of the case, without commenting anything on merits o f
the case, in view of this Court, it is a fit case to grant bail. Hence, this application is allowed. Applicant is directed to be released on bail on his
furnishing a personal bond in the sum of Rs.25,000/- (Rs. Twenty Five Thousand) with a solvent surety in the like amount to the satisfaction of the trial
court for his appearance before the trial court on the dates so fixed by that Court during trial.
It is directed that applicant shall comply with the provisions of Section 437(3) Cr.P.C..
Certified copy as per rules.