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Judgment
10 paragraphs · 296 wordsSujoy Paul, J
This is the first application filed by the applicant under Section 439 of the Code of Criminal Procedure, 1973 for grant of bail in connection with Crime No.356/2020 registered at Police Station - Chatripura, District - Indore for the offences registered under Section 34(2) of the M.P. Excise Act. The applicant is in jail since 14.11.2020.
As per prosecution case, 60 bulk liter of liquor was allegedly recovered from joint possession of the present applicant and two other accused persons.
Learned counsel for the applicant submits that present applicant has falsely been implicated. The said liquor was not recovered from him. The applicant has no criminal history. Challan has been filed. Hence, he may be enlarged on bail.
The prayer is opposed by the learned Deputy Advocate General for the respondent / State. He submitted that as per information available in the case-diary, there is no criminal antecedent of the present applicant. Challan has been filed.
Considering the nature of accusation coupled with the fact that there is no criminal antecedent of the present applicant and challan has been filed, I deem it proper to enlarge the present applicant on bail. Accordingly, the bail application is allowed.
The applicant is directed to be enlarged on bail on his furnishing personal bond in the sum of Rs.35,000/- (Rupees Thirty Five Thousand Only) with one solvent surety in the like amount to the satisfaction of the trial Court for his appearance as and when directed.
The applicant will attend each hearing of his trial before the trial Court out of which this bail arises. Any default in the attendance in Court would result in cancellation of the bail granted by this Court.
With the aforesaid, the application stands disposed of.
Certified copy, as per Rules.