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Judgment
They are heard. Perused the case diary.
This first application under Section 439 of Criminal Procedure Code, 1973 has been filed by applicant, who is implicated in connection with Crime No.466/2019 registered at Police Station Kanadiya, District Indore (MP) for offence punishable under Section 34 (2) of the Madhya Pradesh Excise Act, 1915. The applicant is in custody since 05.09.2019.
As per prosecution story, on the basis of source information, the Police seized 54 bulk liters of illegal country made liquor from the possession of the present applicant. Hence, the applicant has been made as an accused in the case.
Learned counsel for the applicant has submitted that the applicant is not having any past criminal antecedents, as he is innocent and he has falsely been implicated in the present crime. 54 bulk liters of country made liquor alleged to have been recovered from the possession of the applicant. The applicant is in custody since 05.09.2019. The applicant is ready to co-operate with the investigation and there is no possibility of his absconsion or tampering with the evidence, if enlarged on bail. The offence registered against the applicant is triable by Judicial Magistrate First Class. Learned counsel for the applicant assured that in future applicant will not be faulted with the provision of Section 59 (A) of the M.P. Excise Act, 1915. Conclusion of the trial will take sufficiently long time. In these circumstances, learned counsel for the applicant prays for grant of bail to the applicant.
Learned Public Prosecutor for the non-applicant / State of Madhya Pradesh submits that no sufficient ground is made out for releasing the applicant on bail, hence the application filed by the applicant be dismissed.
Considering the facts and circumstances of the case and the arguments advanced by learned counsel for the parties, but without commenting on the merits of the case, the application filed by the applicant is allowed. The applicant is directed to be released on bail on his / her furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety of the like amount to the satisfaction of the trial Court for his / her regular appearance before the trial Court during trial with a condition that he / she shall remain present before the court concerned during trial and shall also abide by the conditions enumerated under Section 437 (3) Criminal Procedure Code, 1973.
This order shall be effective till the end of the trial, however, in case of bail jump, it shall become ineffective.
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