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Judgment
9 paragraphs · 378 wordsDevnarayan Mishra , J
This is the first application filed by the applicant under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail relating to FIR/Crime No.145/2025 registered at Police Station-Agasaud, District-Sagar (M.P.) for the offence punishable under Section 34(2) of M.P. Excise Act, 1915. The applicant is in custody since 27.12.2025.
Learned counsel for applicant has submitted that the vehicle bearing registration No.MP-04-TA-2957 was parked on 24.08.2025 at Village - Dhansra near the shop of Rinku Tiwari and sudden Police reached there and opened the vehicle and 154 litters of different brands illicit liquor was recovered from the vehicle. The registered owner of the vehicle was father of the co-accused Tushar and from the memorandum of co-accused Tushar, this applicant has been arrested. The applicant has no criminal record of same nature but one case of Section 34(1a) of MP Excise Act has been registered previous to that. Investigation and trial will take time to be concluded, hence, the applicant is entitled to be released on bail.
Learned counsel for the State has opposed the bail application and has submitted that 154 liters illicit liquor has been recovered from the vehicle, thus, there is no case of bail is made out, hence, the applicant is not entitled to be released on bail.
Heard the parties and perused the case diary.
Looking to the fact that the applicant has been arrested on the memorandum of co-accused, coupled with the facts that trial will take time to be completed, this Court deems it appropriate to release the applicant on bail. Thus, without commenting anything on the merits of the case, the application is allowed.
It is directed that the applicant shall be released on bail on his furnishing personal bond in a sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one surety in the like amount to the satisfaction of the trial Court concerned for his appearance before the concerned Court on all such dates as may be fixed by that Court in this regard during the pendency of trial.
It is further directed that the applicant shall comply with the provisions of Section 480(3) of BNSS.
Accordingly, this M.Cr.C. stands disposed of. C.C. as per rules.