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Judgment
17 paragraphs · 281 wordsVivek Rusia, J
01- This is first application filed under Section 439 of Cr.P.C. by the applicant â€" Sandeep @ Nikka s/o Jagdish, who has been arrested by Police on
14/2/2021 in connection with Crime No. 62/2021, Police Station Sagore Distt. Dhar for the offence punishable under Section 34(2) of Excise Act.
02- As per prosecution Story, 55 bulk litres of illicit country made mahua liquor was found in possession of the present applicant. Accordingly a case
has been registered.
03- Learned counsel for the applicant submits that he is an innocent and has been implicated falsely. He has no criminal record. Hence, the applicant
is entitled for grant of bail.
04- Learned Panel Advocate appearing for the respondent / State opposes the prayer.
05- In view of the aforesaid facts and circumstances, without further commenting on the merits of the case, it would be appropriate to enlarge the
applicant on bail.
06- Accordingly, this application is allowed and the applicant is directed to be released on bail upon her furnishing a personal bond in the sum of
Rs.40,000/- (Rupees Forty thousand only) with one surety in the like amount to the satisfaction of the Trial Court for his appearance before that Court
during the pendency of trial. It is made clear that in case the applicant is found involved in any other criminal activity, then this bail order shall stand
automatically vacated.
07- Before releasing the applicant from the custody the jail authorities are directed to medically examine him in order to rule out the possibility of
COVID-19 infections and shall comply with the direction given by the Hon'ble Apex Court in Writ Petition No.01/2020.
Certified copy as per rules.