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Judgment
19 paragraphs · 344 wordsVivek Rusia, J
This is second repeat application filed under section 439 Cr.P.C seeking bail in connection with Crime No.29/2021 registered at police station Ravji
Bazar, Indore for the offence punishable under section 34(2) of the M.P Excise Act. The first application was dismissed with liberty to renew the
prayer after recording the statement of the seizure witnesses.
As per prosecution case 60 bulk liters of country made illicit liquor has been recovered from the possession of the applicant.
Learned counsel for the applicant submits that the seizure witnesses have been examined in the matter, however, they did not support the prosecution
case. He is in custody since 31.01.2021. The offence is triable by Magistrate. The investigation is complete and charge sheet has been filed. There is
no likelihood of early conclusion of the trial, hence prayed for release of the applicant on bail.
Prayer is opposed by the learned counsel for the respondent/State.
Case-diary perused.
Taking into consideration the quantity of contraband alleged to have been recovered from the applicant coupled with the fact that applicant is in
custody since 31.01.2021, without commenting on the merit of the case, the application is allowed with conditions. The applicant is directed to be
released on bail upon his furnishing personal bond in the sum of Rs.40,000/- (Rupees Forty Thousand) with one surety in the like amount to the
satisfaction of the trial Court for his appearance before the trial Court on all such dates as may be fixed in this behalf by the trial Court during the
pendency of trial and shall also abide by the conditions enumerated under section 437(3) Cr.P.C. The applicant shall also mark his presence before the
concerned police station on the first Monday of every month till the conclusion of the trial.
Before releasing the applicant from the custody the jail authorities are directed to medically examine him 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.