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Judgment
Subodh Abhyankar, J
This is the applicant's first bail application under Section 439 of Criminal Procedure Code, 1973. He is implicated in connection with Crime
No.113/2021 registered at Police Station Simrol, District Indore (MP) for offence punishable under Section 34 (2) of the Madhya Pradesh Excise Act,
1915.
The applicant is in jail since 30.03.2021.
The allegations against the applicant are that he was found in possession of 60 bulk liters of unauthorized liquor.
Counsel for the applicant has submitted that the applicant has been falsely implicated in the case. The liquor has been seized from the back side of his
home. The applicant is in jail since 30.03.2021. It is further submitted that the final conclusion of the trial is likely to take sufficiently long time and
there are no criminal antecedents of the applicant. Therefore, counsel has prayed for grant of bail.
Counsel for the State, on the other hand, has opposed the prayer and it is submitted that no case for grant of bail is made out.
Having considered the rival submissions, taking note of the fact that the applicant is in jail since 30.03.2021 and the final conclusion of the trial is likely
to take sufficiently long time in the wake of fresh spread of COVID-19 and also taking note of the liquor which is 60 bulk liters, the application
deserves to be allowed.
Accordingly, without adverting to the merits of the case, the application filed by the applicant is hereby allowed. The applicant is directed to be
released on bail upon furnishing a personal bond in the sum of Rs.50,000/- (rupees fifty thousand) 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.
It is also observed that if the applicant is found to be involved in any criminal activities, after his release on bail, then the present bail order shall stand
cancelled without further reference to this Court; and the State / prosecution will be free to arrest the accused in the present case also.
This order shall be effective till the end of the trial, however, in case of bail jump, it shall become ineffective.Certified copy as per rules.