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Judgment
9 paragraphs · 381 wordsPramod Kumar Agrawal, J
This is the third application filed by the applicant under Section 483 of BNSS/439 of Cr.P.C. for grant of regular bail relating to Crime No. 477/2025 registered at Police Station - Chhapara, District Seoni (M.P.) for the offence punishable under Sections 34(2), 45 of M.P. Excise Act, 1915 read with section 3(5) of BNS, 2023. Applicant has been arrested on 17.11.2025. Earlier two applications were dismissed as withdrawn.
As per the prosecution story, applicant has been found in 90 bulk liters of illicit liquor therefore, the aforesaid offence has been registered against him.
Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in this case. He is in custody since 17.11.2025. It is further submitted that seizure witnesses namely Sandeep Kumar Jaiswal (PW-1) and Pradeep Marskole (PW-2) have been examined before the trial court and they have not supported the prosecution story. Charge sheet has been filed and conclusion of the trial will take considerable time, therefore, it has been prayed that the applicant may be released on bail.
Learned counsel for the State has opposed the prayer for grant of bail to the applicant on the ground of criminal antecedents and prayed for its rejection.
Having taken into consideration all the facts and circumstances of the case, but without commenting on merit of the case, I am inclined to release the applicant on bail. Consequently, bail application under Section 483 of BNSS/439 of Cr.P.C. for grant of bail filed on behalf of applicant, stands allowed.
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 480(3) of BNSS.
This order shall be effective till the end of the trial. However, in case of bail jump and breach of any of the conditions of bail, it shall become ineffective.
Certified copy as per rules.
