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Judgment
11 paragraphs · 371 wordsSatyendra Kumar Singh, J
Case diary is available.
This is first application filed under Section 439 of Cr.P.C for grant of bail to the applicant as he has been arrested on 09.05.2023 in connection with Crime No.294/2023 registered at Police Station Kotwali, District Shivpuri (M.P.) for commission of offence punishable under Section 49-A of MP Excise Act.
Prosecution case, in brief is that on 09.05.2023, the applicant was found having 5 litres of illicit spurious country made liquor for the purposes of sale.
Learned counsel for the applicant submits that nothing has been seized from the possession of the applicant. He has been falsely implicated in the matter. FSL report with regard to the nature of liquor said to be seized from the possession of the applicant is still awaited. No offence is made out against the applicant. The charge-sheet has been filed. The applicant is in custody since 09.05.2023. His custodial interrogation is no more required. Trial will take time to conclude and, therefore, in the aforesaid circumstances, applicant may be enlarged on bail.
Learned counsel for the respondent/State opposed the prayer and prayed for rejection of this bail application.
Heard the learned counsel for both the parties.
Having considered rival submissions, material pointed out by the learned counsel for the applicant and looking to the quantity of liquor said to be seized from the possession of the applicant and that the FSL report with regard to nature of liquor is still awaited, without expressing any opinion on the merits of the case, this Court is of the view that the applicant deserves to be enlarged on bail. Accordingly, the application is allowed.
It is directed that the applicant be released on bail upon furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with a solvent surety in the like amount to the satisfaction of the concerned 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. It is further directed that applicant shall comply with the provisions of Section 437 (3) of Cr. P. C.
This application is allowed and stands disposed of.
Certified copy as per Rules.