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Judgment
9 paragraphs · 356 wordsPramod Kumar Agrawal, J
This is the first bail application filed by the applicant under Section 439 of the Code of Criminal Procedure for grant of regular bail relating to Crime No.570/2023 registered at Police Station - Bahri, District Sidhi (M.P.) for the offence punishable under Section 34(2) of M.P. Excise Act. Applicant is in detention since 26.10.2023.
As per the prosecution story, on receiving an information from an informant, 54 and 1/2 bulk liters of illicit liquor from possession of the applicant has been seized. FIR was registered.
Learned counsel for the applicant submitted that applicant is in jail since 26.10.2023. He has been falsely implicated. This is the first offence registered against the applicant under Section 34(2) of Excise Act. Investigation is complete. Charge sheet has been filed. The trial of the case will take considerable time. Therefore, it has been prayed that the applicant may be released on bail pending the trial.
On the other hand, learned counsel for State has opposed the grant of bail to the applicant but charge sheet has been filed.
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 439 of the Code o f Criminal Procedure 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 437(3) of Cr.P.C.
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.
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