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Judgment
14 paragraphs · 257 wordsDeepak Kumar Agarwal, J
This is the first bail application u/S. 439 of Cr.P.C. filed by the applicant for grant of bail.
The applicant was arrested on 30.12.2020 in connection with Crime No.94/2021 by Police Station Ghatigaon, District Gwalior (M.P.) for the offence
punishable under Sections 34 (2) and 49(A) of M.P. Excise Act.
From the possession of applicant/accused on 21.08.2021 Police Station Ghatigaon, District Gwalior has seized 5 liters illicit liquor for which the crime
under Section 49-A of M.P. Excise Act. As per the chemical report it is unfit for human consumption. Applicant/accused was arrested on 30.12.2020.
After investigation, charge-sheet has been filed.
Learned counsel for the applicant submitted that applicant is innocent. He has been falsely implicated in the case. He is in custody since 30.12.2020.
He is ready to abide all the terms and conditions which may be imposed by this Court. Therefore, prayed for grant of bail.
Learned State counsel has opposed the bail application and prays for its rejection.
Looking to the facts and circumstances of this case and the fact that applicant is in custody since 30.12.2020 and coupled with the fact that charge-
sheet has been filed without commenting upon the merits of the case, this Court is of the opinion that the application should be allowed and by allowing
the application it is ordered that if the applicant furnishes bail bond of Rs.25,000/- (Twenty Five thousand only) with one solvent surety in the like
amount to the satisfaction of the trial Court, he should be released on bail.