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Judgment
9 paragraphs · 367 wordsPramod Kumar Agrawal, J
This is first bail application filed by the applicant under Section 483 of BNSS/ 439 of the Code of Criminal Procedure for grant of regular bail relating to Crime No.84/2025 registered at Police Station - Kumhari, District Damoh (M.P.) for the offence punishable under Section 34(2) of M.P. Excise Act. The applicant has been arrested on 11.10.2025.
As per the prosecution story, on receiving information from the informant police made a search and recovered 81 bulk liters illicit liquor in the matter. On the basis of which the offence has been registered against the present applicant under the aforesaid section.
Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in this case. He is in custody since 11.10.2025. Applicant has been made accused on the basis of memorandum of co-accused. Except memorandum, no evidence is available against the applicant. The conclusion of the trial will take considerable time, therefore, it has been prayed that the applicant may be released on bail.
On the other hand, learned counsel for State has opposed the grant of bail to the applicant on the ground of criminal antecedents.
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 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.
