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Judgment
19 paragraphs · 347 wordsVivek Rusia, J
This is first application filed under section 439 Cr.P.C seeking bail in connection with Crime No.93/2021 registered at police station Chhoti Gwaltoli,
district Indore for the offence punishable under section 49A of the M.P Excise Act.
As per prosecution case, 5 liters of country made spurious liquor has been recovered from the possession of the applicant.
Learned counsel for the applicant submits that applicant has been falsely implicated in the offence. So far the offences under the Excise Act is
concerned, there is no criminal antecedents against him. He is in custody since 02.08.2021. There is no FSL report on record regarding the nature of
the contraband liquor. The offence is triable by Magistrate. The investigation is almost over and no custodial interrogation of the applicant is required
in the matter. There is no likelihood of early conclusion of the trial, hence prayed for release of the applicant on bail during trial.
Prayer is opposed by the learned counsel for the respondent/State.
Case-diary perused.
Taking into consideration the quantity of contraband alleged to have been recovered from the applicant coupled with the facts that there is no FSL
report on record regarding the nature of the contraband and the applicant has no criminal antecedents under the Excise Act, without commenting on
the merit of the case, the application is allowed and the applicant is directed to be released on bail upon his furnishing personal bond in the sum of
Rs.30,000/- (Rupees Thirty Thousand) with one surety in the like amount to the satisfaction of the trial Court for his appearance before the trial Court
on all such dates as may be fixed in this behalf by the trial Court during the pendency of trial and shall also abide by the conditions enumerated under
section 437(3) Cr.P.C.
Before releasing the applicant from the custody the jail authorities are directed to medically examine him in order to rule out the possibility of COVID
-19 infections and shall comply with the direction given by the Hon'ble Apex Court in Writ Petition No. 1/2020.
C.c as per rules.