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Judgment
17 paragraphs · 305 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.24/2021 registered at Police Station â€" Sanwer, District â€" Indore for the offences registered under Section 34(2) of the M.P. Excise Act. The
applicant is in custody since 10.03.2021.
Learned counsel for the applicant submits that as per prosecution story, 112.200 bulk liter of liquor is recovered from co-accused â€" Aman Yadav
and Yogesh @ Mona. The applicant is arraigned on the basis of statement of a witness and not even on the basis of statement of any accused person.
The challan has been filed. The conclusion of trial in this pandemic era will take time. Hence, applicant may be enlarged on bail.
The prayer is opposed by the learned Panel Lawyer for the respondent / State. He submits that applicant has another pending matter relating to
Section 34(2) of the Excise Act.
Considering the nature of role allegedly played by the applicant coupled with the fact that challan has been filed and conclusion of trial in this pandemic
era will take time, I deem it proper to enlarge the 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 her 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.