AI Structured Summary
Not yet generated for this judgment
No AI summary yet
Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.
Judgment
12 paragraphs · 415 wordsG. S. Ahluwalia, J
Case diary is available.
This is first application under section 483 of BNSS.
Applicant has been arrested on 25/3/2026 in connection with Crime No.39/2026 registered at Police Station Badi, District Raisen for offence under section 34(2) of M.P. Excise Act.
It is submitted by counsel for applicant that according to prosecution case an attempt was made by Police to stop a Car, but noticing the Police, driver of the Car ran away after leaving the Car and 63 litres of illicit liquor worth Rs.35,000/- was recovered from the Car. The owner of the Car has stated that the Car was being driven by applicant and, accordingly, applicant was made an accused. It is submitted that in view of criminal antecedents, applicant is ready to abide by any condition which may be imposed by this Court. Trial would take sufficiently long time and there is no possibility of applicant's absconding or tampering with the prosecution evidence.
Per contra, it is submitted that applicant has a criminal history and 12 cases were registered against him, out of which there are two more cases under S.34(1) of the M.P. Excise Act.
Heard, learned counsel for the parties.
Considering the quantity of liquor seized from the possession of applicant, as well as, period of detention coupled with the concessional statement made by counsel for applicant that applicant is ready to abide by any stringent condition which may be imposed by this Court, this application is allowed.
It is directed that the applicant be released on bail on furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac Only) with one surety in the like amount to the satisfaction of the Trial Court/Committal Court to appear before the Court on the dates given by the concerned Court.
It is further directed that the applicant shall appear before the S.H.O. Police Station Badi, District Raisen on 1st of every month during the pendency of trial. This order shall remain effective till the end of trial but in case of bail jump, it shall become ineffective and the trial Court shall be free to take the applicant in custody.
In the light of the judgment passed by the Supreme Court in the case of XYZ and Others Vs. State of M.P. and Another, reported in (2021) 16 SCC 179, the intimation regarding grant of bail be sent to the complainant.
Certified copy as per rules.