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Judgment
9 paragraphs · 365 wordsPramod Kumar Agrawal, J
This is the first bail application filed by the applicant under Section 439 of the Code of Criminal Procedure for grant of regular bail relating to Crime No.786/2023 registered at Police Station Shikarpura, District Burhanpur (M.P.) for the offence punishable under Section 34(2) of M.P. Excise Act. Applicant is in detention since 02.11.2023.
As per the prosecution story, on receiving an information from an informant, police of concerned police station seized 70 bulk liters of illicit liquor from possession of the applicant. FIR was registered. Charge-sheet has been
Learned counsel for the applicant submitted that applicant is in jail since 02.11.2023. He has been falsely implicated. The trial of the case will take considerable time. Therefore, it has been prayed that the applicant may be released on bail pending the trial.
On the other hand, learned counsel for State has opposed the grant of bail to the applicant and submits that the applicant has one criminal record under Section 34(1)A of Excise Act registered against him.
5 . According to the prosecution story, liquor was seized from the applicant. Offence is triable by JMFC. Having taken into consideration all the facts and circumstances of the case, but without commenting on merits of the case, I am inclined to release the applicant on bail. Consequently, bail application under Section 439 of the Code of Criminal Procedure for grant of bail filed on behalf of applicant, stands allowed.
6 . 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 437(3) of Cr.P.C.
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.