AI Structured Summary
Not yet generated for this judgment
No AI summary yet
Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.
Judgment
9 paragraphs · 354 wordsAnil Verma, J
Applicants have filed this first bail application under Section 439 of the Code of Criminal Procedure, 1973. They are in jail since 29.09.2023 in connection with Crime No.658/2023 registered at P.S. - Alot, District Ratlam (M.P.) for commission of offence punishable under Section 34(2) of the M. P. Excise Act.
As per the prosecution story, the applicants were found to be in joint possession of 63 bulk litres country-made liquor unauthorisedly and illegally during the search by police. Accordingly, a case has been registered.
Learned counsel for the applicants contended that applicants are innocent and they been falsely implicated in this matter. He further submits that there is no legal evidence available on record to connect the applicants with the aforementioned offence and no further custodial interrogation is required. Applicants are in jail since 29.09.2023. They are permanent resident of District Ratlam (M.P.). Final conclusion of trial will take considerable long time. Hence, he prays that both the applicants be released on bail.
Per-contra, learned PL for respondent/State opposes the bail application and submits that the applicants have two criminal past, so they should not be released on bail.
Perused the case diary as well as the impugned order of the court below.
Considering all the facts and circumstances of the case, arguments advanced by counsel for the parties, nature and gravity of allegation as also taking note of the fact that the applicants are in jail since 29.09.2023 and final conclusion of trial will take considerable long time, I deem it proper to release both the applicants on bail.
Accordingly, without commenting on the merits of the case, the application is allowed. It is directed that both the applicants be released on bail upon their furnishing a personal bond in the sum of Rs.70,000/- each with two solvent sureties each, out of which one should be local, in the like amount to the satisfaction of the trial Court for their appearance before the trial Court, as and when required. They shall abide by the conditions enumerated u/S. 437(3) Cr.P.C.
C.C. as per rules.