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Judgment
19 paragraphs · 327 wordsVivek Rusia, J
This is the first application filed under section 439 Cr.P.C seeking bail in connection with Crime No.122/2021 registered at police station Gandhi
Nagar, District Indore for the offence punishable under section 49(A), 34 (1) of M.P. Excise Act.
As per prosecution case, on the basis of secret information, police seized 5 liters illicit liquor from the possession of the applicant , .On that basis, police
registered the aforesaid offence against the applicant.
Learned counsel for the applicant has submitted that applicant is innocent and he has falsely been implicated in the present crime. 5 liters country
made liquor alleged to have been recovered from the possession of the applicant. The applicant is in custody since 21.03.2021. Investigation is over
and charge-sheet has been filed. Conclusion of the trial will take sufficient long time. Under these circumstances, learned counsel for the applicant
prays for grant of bail to the applicant.
Learned Panel Lawyer opposes the bail application and prays for its rejection.
Considering the facts and circumstances of the case but without commenting on the merit of the case, the application is allowed and he is directed to
be released on bail upon his furnishing personal bond in the sum of Rs.40,000/- (Rupees Forty Thousand only) with surety in the like amount to the
satisfaction of the Trial Court for his appearance before that 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 trial court shall verify about the criminal antecedents regarding Excise Act, if any, criminal antecedent of the applicant
is found then this order shall be treated as cancelled without reference to this Court.
Before releasing the applicants from custody, the jail authorities are directed to medically examine 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.