High CourtsSingle Bench

Rakhi vs State Of Madhya Pradesh

Madhya Pradesh High Court · Decided on 10 May 2023 · Citation: (2023) 05 MP CK 0044

HON’BLE JUDGES
Roopesh Chandra Varshney, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 437(3), 439 · Madhya Pradesh Excise Act, 1915 — Section 34(2)
RESULT
Allowed
CASE NUMBER
Miscellaneous Criminal Case No. 15625 Of 2023
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Judgment

9 paragraphs · 304 words

Roopesh Chandra Varshney, J

Heard with the aid of case diary.

This is the first application filed by the applicant/accused Smt. Rakhi under Section 439 of the Cr.P.C. for grant of bail.

T h e applicant is in custody since 19/03/2023 relating to FIR/Crime No.200/2023 dated (not mentioned) registered at Police Station Hanumantal, Distt. Jabalpur for the offence punishable under Section 34(2) of M.P. Excise Act.

As per the prosecution case, on 18/3/2023 on the information of informant Police seized 63 bulk liter of country made liquor from her possession.

Learned counsel for the applicant submits that the applicant is innocent and has falsely been implicated in the offence. The applicant is a lady. She has been in custody since 19/3/2023 and conclusion of trial will take time, hence it is prayed that the applicant be released on bail.

Learned counsel for the State has opposed the prayer and has prayed for the rejection of the application.

Looking to the facts and circumstances of the case and the quantity of liquor alleged to have been seized from the possession of the applicant and the fact that applicant is in custody since 19/3/2023, charge sheet has been filed and conclusion of the trial will take time, without commenting on merits of the case, the application is allowed and it is directed that the applicant be released on bail upon her furnishing personal bond in the sum of Rs.50,000/-(Rs. Fifty Thousand Only) with surety in the like amount to the satisfaction of the concerned trial Court for her 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 the applicant shall also comply with the provisions of Section 437(3) of Cr.P.C.

Certified copy as per rules.