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Judgment
11 paragraphs · 347 wordsRajendra Kumar Verma, J
This is first application under section 439 of CrPC for grant of bail on behalf of applicant who is in custody since 16.11.2021 in connection with Crime No.562/2021, registered at Police Station Industrial Area Jaora, District Ratlam for the offence punishable under Section 34(2) of the M.P.Excise Act, 1915.
According to the prosecution case, 60 bulk litres of illegal liquor has been seized from the possession of the present applicant.
Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. The case is triable by the Judicial Magistrate First Class. Challan has been filed. The applicant has no criminal past. The applicant is in custody since 16.11.2021. The conclusion of trial will take sufficient time. On the aforesaid grounds, prayer is made to release the applicant on bail.
Learned Panel lawyer has opposed the application and prayed for its rejection but fairly admits that the applicant has no criminal antecedents.
Looking to the facts and circumstances of the case, on a perusal of the material available on record including the case diary, without commenting on the merits of the case, this application is allowed.
It is directed that the applicant/accused 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 securing his presence before the said Court on all the dates of hearing fixed in this regard during trial.
It is also directed that the applicant shall comply with the provisions of Section 437(3) Cr.P.C.
In view of the outbreak of 'Corona Virus disease (COVID-19)' the concerned jail authorities are directed to follow the directions/guidelines issued by the Government with regard to 'COVID-19' before releasing the applicant.
This order shall remain effective till the end of the trial but in case of bail jump and breach of any of the pre-condition of bail, it shall become ineffective and cancelled without reference to this Bench.
Certified Copy as per rules.