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Judgment
9 paragraphs · 405 wordsG.S. Ahluwalia, J
This second application under Section 439 of Cr.P.C. has been filed for grant of bail. The first application was dismissed as withdrawn by order dated 23.10.2021 passed in M.Cr.C. No.51013/2021 with liberty to revive the prayer after undergoing some reasonable period of detention.
The applicant has been arrested on 27/09/2021 in connection with Crime No.692/2021 registered at Police Station Kotwali, District Ashok Nagar for offence under Section 34(2) of M.P. Excise Act.
It is submitted by Counsel for the applicant that in view of the criminal antecedents, the first bail application of applicant was withdrawn with liberty to revive the prayer after undergoing some reasonable period of detention. According to the prosecution case, 62 bulk liters of country made illicit liquor has been seized from the possession of the applicant. The applicant is in jail for last more than two months. In view of the criminal antecedents of applicant, according to which, three criminal cases were registered under the Public Gambling Act and three cases were registered under Sections 452, 323, 294, 506, and 34 of IPC, he is ready and willing to abide by any stringent condition which may be imposed by the Court. The trial is likely to take sufficiently long time and there is no possibility of his absconding or tampering with prosecution case.
Per contra, the application is vehemently opposed by Counsel for the State.
Considering the facts and circumstances of the case and without commenting on the merits of the case, the application is allowed. It is directed that the applicant be released on bail on furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac Only) with one surety in the like amount to the satisfaction of the Trial Court/Committal Court to appear before the Court on the dates given by the concerned Court.
It is further directed that the applicant shall appear before the S.H.O. Police Station Kotwali, District Ashok Nagar on 1st of every month during the pendency of the Trial. In case of bail jump or non-appearance of the applicant before the police station as directed by this Court, this order shall lose its effect.
In the light of the judgment passed by the Supreme Court in the case of Aparna Bhat & Ors. vs. State of M.P. passed on 18/3/2021 in Criminal Appeal No.329/2021, the intimation regarding grant of bail be sent to the complainant.
Certified copy as per rules.