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Judgment
10 paragraphs · 358 wordsPrem Narayan Singh, J
They are heard and perused the case diary.
This is the first bail application under Section 439 of the Code of Criminal Procedure filed on behalf of the applicant for grant of bail in connection with Crime No.522/2023, registered at Police Station-Pithampur Sector I, District-Dhar for the offence under Sections 34(2) of M.P. Excise Act. The applicant is in custody since 10.08.2023.
( 2 ) As per prosecution story, 90 bulk liters illicit liquor is said to be seized from the possession of the applicant.
( 3 ) Learned counsel for the applicant submits that the applicant is innocent and he has falsely been implicated in this case. The applicant is in jail since 10.08.2023. The case is triable by Judicial Magistrate First Class and conclusion of trial will take a long time. Under these circumstances, he prays for grant of bail to the applicant.
(4) Learned counsel for the respondent/State opposes the prayer and prays for its rejection.
(5) After hearing learned counsel for the parties and looking to the facts and circumstances of the case and quantity of the liquor, I am of the view that it is a case, in which applicant may be released on bail. Consequently without commenting on the merits of the case, first bail application under Section 439 of the Code of Criminal Procedure for grant of bail filed on behalf of applicant, stands allowed.
(6) 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.
(7) This order shall be effective till the end of the trial. However, in case o f bail jump and breach of any of the conditions of bail, it shall become ineffective.
Certified copy as per rules.