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Judgment
10 paragraphs · 374 wordsDevnarayan Mishra, J
This is the first application filed by the applicants under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, for grant of regular bail relating to FIR/Crime No.549/2025 registered at Police Station Rahatgarh, District Sagar for the offence punishable under Section 34(2) of the M.P. Excise Act. The applicant Nos.1 and 2 are in jail since 20.10.2025 and the applicant No.3 is in jail since 07.11.2025.
Learned counsel for the applicants has submitted that nothing has been recovered from the possession of the applicant No.3-Sachin. 53 bulk litre illegal liquor was recovered from the possession of the applicants Suraj Kori and Nekiram Silawat. The applicant No.1 has no criminal record. The applicant No.2-Nekiram has criminal record of two cases under different sections of the IPC and the applicant No.3 has criminal record of three cases, in which, one case is under Section 34(2) of Excise Act. Trial will take time to be concluded, hence, the applicants be enlarged on bail.
Learned counsel for the State has opposed the bail application and submitted that the applicants were involved in the offence, therefore, no case of bail is made out, hence, the applicants are not entitled to be released on bail.
Heard the learned counsel for both parties and perused the case diary.
Looking to the factual aspects of the case coupled with the fact that trial will take time to be concluded and nothing has been recovered from the possession of the applicant No.3, this Court deems it appropriate to allow the application. Thus, without commenting anything on the merits of the case, the application is allowed.
It is directed that the applicants shall be released on bail on their furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) each with one solvent surety each of the like amount to the satisfaction of the trial Court concerned for their appearance before the said Court on all such dates as may be fixed by that Court in this regard during pendency of trial.
It is further directed that the applicants shall comply with the provisions of Section 480(3) of BNSS.
Accordingly, Misc. Criminal Case stands disposed of.
Certified copy as per rules.
