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Judgment
10 paragraphs · 365 wordsPramod Kumar Agrawal, J
This is the first bail application filed by the applicant under Section 439 of the Code of Criminal Procedure for grant of regular bail relating to Crime No.642/2024 registered at Police Station - Excise Department Circle Hata, District Damoh (M.P.) for the offence punishable under Section 34(2) of M.P. Excise Act. Applicant is in detention since 18.01.2024.
As per the prosecution story, on receiving an information from an informant, 108 bulk liters of illicit liquor from joint possession of the applicant and other co-accused persons has been seized. FIR was registered.
Learned counsel for the applicant submitted that applicant is in jail since 18.01.2024. He has been falsely implicated. Applicant has no criminal past. Liquor has been seized from the joint possession of the applicant and other co-accused persons. It is also submitted that the offence is triable by the
Court of JMFC and the trial of the case will take considerable time. On these grounds, it is prayed that the applicant may be released on bail.
On the other hand, learned counsel for State has opposed the prayer for grant of bail.
Having taken into consideration all the facts and circumstances of the case, but without commenting on merit of the case, I am inclined to release the applicant on bail. Consequently, bail application under Section 439 of the Code o f Criminal Procedure for grant of bail filed on behalf of applicant, stands allowed.
It is directed that applicant be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court, for his regular appearance before the trial Court during trial with a condition that he shall remain present before the concerned Court on all the dates fixed by it during trial. He shall abide by all the conditions enumerated under Section 437(3) of Cr.P.C.
This order shall be effective till the end of the trial. However, in case of bail jump and breach of any of the conditions of bail, it shall become ineffective.
Certified copy as per rules.