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
9 paragraphs · 370 wordsDinesh Kumar Paliwal, J
This is first bail application filed by the applicant under Section 439 of the Code of Criminal Procedure for grant of regular bail relating to FIR No.233/2023 dated 13.05.2023, registered at P.S.- Surkhi District - Sagar (M.P.) for the offence punishable under Section 34(2) of M.P. Excise Act. He is in detention since 06.07.2023.
2 . As per the prosecution story, on receiving an information from an informant, police of concerned police station seized 72 bulk litres of country made liquor from possession of co-accused Kamlesh. FIR was registered.
3 . Learned counsel for the applicant submitted that applicant is in jail since 06.07.2023. He has not committed any crime and nothing has been seized from his possession. He has been falsely implicated. The trial of the case will take considerable time. Co-accused has already been released on bail by this Court vide order dated 12.07.2023 passed in M.Cr.C.No.23356 of 2023. Therefore, it is prayed that the applicant be released on bail pending the trial.
On the other hand, learned counsel for the State has opposed grant of bail to the applicant.
Having taken into consideration all the facts and circumstances of the case and the fact that trial of the case will take considerable time, I am inclined to release the applicant on bail. Consequently, this bail application under Section 439 of the Code of Criminal Procedure for grant of bail filed on behalf of applicant, stands allowed.
It is directed that applicant - Sanad Rawat 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 o f bail jump and breach of any of the conditions of bail, it shall become ineffective.
Certified copy as per rules.