High CourtsSingle Bench

Nageshwar vs State Of M.P

Madhya Pradesh High Court · Decided on 14 October 2020 · Citation: (2020) 10 MP CK 0145

HON’BLE JUDGES
Virender Singh, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 439
RESULT
Allowed
CASE NUMBER
Miscellaneous Criminal Case No. 38423 Of 2020
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Judgment

16 paragraphs · 256 words

Virender Singh, J

Crime no.

Under section

Police station

159/2020

34(2) of the Excise Act

Berchha Shajapur

1.

As declared by the petitioner, this is the first application under section 439 of the Cr.P.C.

2.

The petitioner is arrested by the police for having 60 bulk litres country made liquor in his illegal possession. He is in custody since 15/09/2020.

3.

Undisputedly, he has no criminal record.

4.

Considering the aforesaid and other facts and circumstances of the case, I deem it proper to release the accused/petitioner on bail. Therefore, without commenting on merits of the case, the application is allowed.

5.

It is directed that the petitioner Nageshwar Mina S/o Bhawani Singh be released from custody on his furnishing a personal bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) with one solvent surety to the satisfaction of the Trial Court for his appearance before the Trial Court as and when required further subject to the following conditions :-

(i) The petitioner shall co-operate with the trial and shall not seek unnecessary adjournments on frivolous grounds to protract the trial.;

(ii) The petitioner shall not directly or indirectly allure or make any inducement, threat or promise to the prosecution witnesses, so as to dissuade him from disclosing truth before the Court;

(iii) The petitioner shall not commit any offence or involve in any criminal activity;

(iv) In case of his involvement in any other criminal activity or breach of any other aforesaid conditions, the bail granted in this case may also be cancelled.