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Judgment
14 paragraphs · 237 wordsJ. P. Gupta, J
This is the first bail application filed by the applicant-accused under Section 439 of the Cr.P.C. for grant of bail in connection with Crime No.479/2020,
registered at Police Station Katangi District Balaghat (M.P.) for the offence under Section 379 of the IPC and sections 130/177 of the Motor Vehicles
Act.
Allegation against the applicant is that he was illegally transporting sand after extracting from the river.
Learned counsel for the applicant submitted that the applicant is innocent. He is in custody since 27.11.2020. He has no criminal antecedents. Trial
will take time. Applicant'™s custodial trial is not warranted. There is no likelihood of his absconding or tampering with the evidence. Hence,
prayer is made to release the applicant on bail.
Learned P.L. opposed the bail application and prayed for rejection of the same.
Considering the overall facts and circumstances of the case, it is not a case in which applicant should be kept in custody during the whole trial, hence,
this application is allowed. Applicant Mosin Ali is directed to be released on bail on his furnishing a personal bond in a sum of Rs.25,000/-with a
solvent surety in the like amount to the satisfaction of trial Court for his appearance in the trial Court on the dates so fixed by that Court during trial.
It is directed that applicant shall comply the provisions of Section 437(3) Cr.P.C.
Certified copy as per rules.