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Judgment
9 paragraphs · 384 wordsDinesh Kumar Paliwal, J
This is first application filed by the applicant under Section 439 of the Cr.P.C. for grant of regular bail relating to FIR No.703/2023, dated 16.10.2023 registered at Police Station-Kotwali, District- Chhindwara (M.P.) for commission of offence under Section 34(2) of M.P. Excise Act, 1915. Applicant is in detention since 16.10.2023.
As per the prosecution story, o n 16.10.2023, upon receiving information from an informant, police of the concerned police station seized 60 bulk liters of country made liquor from possession of the applicant. FIR was registered.
3 . Learned counsel for the applicant has submitted that applicant is in detention since 16.10.2023. He has not committed any offence and nothing has b een seized from his possession. He is innocent. He has been falsely implicated. The trial of the case will take considerable time. Therefore, it is prayed that the applicant may be released on bail pending the trial.
4 . O n the other hand, learned counsel for the State has opposed the prayer for grant of bail to the applicant.
Having taken into consideration all the facts and circumstances of the case including the fact that trial of the case will take considerable time, but without expressing anything on the merits of the case, I am of the view that it is a case in which further pre-trial detention of the applicant is not warranted. Consequently, this 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 - Somdas Yadav 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.
7 . 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.