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Judgment
9 paragraphs · 364 wordsAnil Verma, J
This is the first application filed by the applicant for grant of regular bail under section 439 of the Code of Criminal Procedure, 1973 relating to FIR No 294/2024 registered at P.S- Kotwali Jhabua for the offence under section 34(2), 36 of M.P. Excise Act.
2/ As per prosecution story, the applicant was found in joint possession of 80 bulk liters country-made liquor without having any valid licence. Accordingly, the aforementioned offence was registered and he was arrested.
3/ Learned counsel for the applicant contended that applicant is innocent and has been falsely implicated in this offence. Applicant is in custody since 19/03/2024 He is permanent resident of District- Dhar. Co-accused Bhura has been enlarged on bail by this court vide order dated 19.4.2024 passed in M.Cr.C. No. 15723/2024 in similar circumstances. There is no apprehension of his fleeing away from the court of justice. Final conclusion of trial shall take sufficient long time. Hence, he prays that the applicant be released on bail.
4/ Per-contra, learned counsel for respondent – State opposes the bail application and prays for its rejection by submitting that applicant has eight criminal antecedents he is a habitual offender, therefore, he does not deserve for bail.
5/ Perused the impugned order of the trial Court as well as the case dairy.
6/ Considering all the facts and circumstances of the case, arguments advanced by both the parties, nature of allegation as also taking note of the fact that the applicant is in custody since 19/03/2024, co-accused has been enlarged on bail and final conclusion of trial shall take sufficient long time, I deem it proper to release the accused / applicant on bail.
7/ Accordingly, without commenting on the merits of the case, the application is allowed. It is directed that the applicant be released on bail on his furnishing personal bond in the sum of Rs. 70,000/- (Rs. Seventy Thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court for his appearance before the trial Court, as and when required.
8/ He shall abide by all the conditions enumerated u/S. 437(3) Cr.P.C., Certified copy, as per Rules.