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Judgment
18 paragraphs · 347 wordsMohd. Fahim Anwar, J
This is first application filed by the applicant/accused under Section 439 of Cr.P.C for grant of bail in connection with Crime No.296/2021 registered at
Police Station Excise Circle No.4 Distt. Jabalpur for the offence punishable under Section 34(2) of the M.P. Excise Act, 1915.
As per the prosecution story, the allegation against the applicant is that from his illegal possession 60 bulk liters country made liquor was seized.
It is submitted by the counsel for the applicant that the applicant is innocent person and he has been falsely implicated in the crime. It is submitted that
the applicant is ready to furnish bail and abide by all the conditions as may be imposed by the Court. There is no likelihood of his absconding or
tampering with the prosecution witness. It is further submitted that the applicant is in custody since 25.1.2021 and the trial will take time to
conclude.Therefore, it is prayed that the applicant be released on bail.
Learned counsel for the respondent/State has opposed the bail application.
Considering the facts and circumstances of the case and the fact that the applicant is in judicial custody since 25.1.2021 and the trial will take time to
conclude, this court is of the considered view that it is a fit case to enlarge the applicant on bail. Hence, this application is allowed.
It is directed that the applicant be released on bail on his furnishing a personal bond for the sum of Rs.30,000/- (Thirty thousand only) with a solvent
solvent surety in the like amount to the satisfaction of the trial court for securing his presence before the said Court on all the dates of hearing fixed in
this regard during trial and for complying with the conditions enumerated in sub-section (3) of Section 437 of Cr.P.C.
 In view of the outbreak of 'Corona Virus disease (COVID-19)' the concerned jail authorities are directed to follow the directions/guidelines issued
by the Government of India with regard to COVID-19 before releasing the applicant.
This M.Cr.C. stands allowed and disposed of.
Certified copy as per rules.