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Judgment
19 paragraphs · 342 wordsVivek Rusia, J
This is first bail application under Section 439, Cr.P.C. for grant of bail in connection with Crime No. 370/2021, Police-Station- M.I.G, District- Indore
for commission of the offence under Section 34(2) of M.P. Excise Act.
As per prosecution case, 63 bulk liters of liquor has been recovered from the possession of the applicant and on the basis of which the case has been
registered against the applicant.
Learned counsel for the applicant submits that applicant has falsely been implicated in the case. Conclusion of the trial will take sufficient long time.
The offence is triable by Judicial Magistrate First Class. The applicant is in custody since 30.05.2021.Under these circumstances, learned counsel for
the applicant prays for grant of bail to the applicant.
Learned panel lawyer for the respondent/State opposes the bail application.
Considering the facts and circumstances, without commenting on the merits of the case, the application filed by the applicant is allowed. The applicant
is directed to be released on bail on his furnishing a personal bond in the sum of Rs.30,000/- (Rupees Thirty Thousand Only) with one solvent surety of
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 court concerned during trial and shall also abide by the conditions enumerated under Section 437(3) Cr.P.C.
The trial Court is directed to verify the criminal antecedents of the applicant of similar nature before his release. In case any criminal antecedent of
similar nature is found then this bail order shall stand cancelled without further reference to this Court.
This order shall be effective till the end of the trial, however, in case of bail jump, it shall become ineffective.
Before releasing the applicant from the custody, the jail authorities are directed to medically examine him in order to rule out the possibility of COVID-
19 infections and shall comply with the direction given by the Hon'ble Apex Court in Writ Petition No.1/2020.
Certified copy as per rules.