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Judgment
10 paragraphs · 322 wordsSubodh Abhyankar, J
1] They are heard and perused the case diary.
2] This is the applicant's first bail application filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023/ Section 439 of Cr.P.C. as he is implicated in connection with Crime No.240/2025 registered at Police Station Kalidevi District- Jhabua (MP) for offence punishable under Sections 34(2) and 36 of the M.P. Excise Act. The applicant is in custody since 5.11.2025.
3] The allegation against the applicant is of his involvement in the aforesaid case, wherein it is alleged that 60 bulk liters of liquor was seized from the possession of present applicant and 60 bulk liters of liquor was seized from the possession of co-accused person Sunil.
4] Counsel for the applicant has submitted that identically placed co-accused Sunil has already been granted bail by this Court in M.Cr.C. No.53676 of 2025 dated 24.12.2025, and the case of the applicant is identical to that of co-accused Sunil. Thus, it is prayed that the application be allowed.
5] Counsel for the State has opposed the prayer.
6] Having considered the rival submissions, perusal of the case-diary as also the order passed in M.Cr.C. No.53676 of 2025 dated 24.12.2025, this Court is inclined to allow the present application.
7] Accordingly, maintaining the parity, without commenting on the merits of the case, the application filed by the applicant is hereby allowed. The applicant is directed to be released on bail upon furnishing a personal bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand) with one solvent surety of the like amount to the satisfaction of the trial Court for his/her regular appearance before the trial Court during trial with a condition that he / she shall remain present before the court concerned during trial and shall also abide by the conditions enumerated under Section 437 (3) Criminal Procedure Code, 1973.
8] Accordingly, the application is allowed and disposed of.
C.c. as per rules.
