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Madhya Pradesh High Court · body

2019 DIGILAW 625 (MP)

GOVIND v. STATE OF M. P.

2019-08-29

PRAKASH SHRIVASTAVA

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JUDGMENT : 1. Shri Jeevan Singh Gurjar, learned counsel for the applicant. Shri Akash Sharma, learned counsel for the Respondent/State. Heard on the question of grant of bail. 2. This is an application made by the applicant (Govind) under section 439 Criminal Procedure Code for grant of bail during trial. 3. Notice of this application was served on the State counsel. Case diary as per the direction of this Court has been produced and it has been perused. 4. The applicant is facing trial for offence punishable under section 34(2) of the M. P. Excise Act registered with Police Station Sanawad, district Khargone, in Crime No. 482/2019. 5. Learned counsel for the applicant submits that 72 bulk litres of illicit liquor was seized from the present applicant and that the offence is triable by the Magistrate. He further submits that the investigation is complete, challan has been filed. He also submits that the applicant is in custody since 19-6-2019 and the applicant has no criminal antecedents. He has further submitted that the applicant is not guilty of the alleged offence and he is not likely to commit any offence while on bail. 6. Learned counsel for the State has opposed the application for grant of bail. 7. On perusal of the case diary and considering the circumstances of the case, I find prima facie force in the submissions made by the counsel for applicant. Hence I am of the considered view that the application for grant of bail deserves to be allowed and is accordingly allowed. 8. The applicant is directed to be released on bail on his furnishing a personal bond in the sum of Rs. 35,000/- (Rupees Thirty Five Thousand) with one surety in the like amount to the satisfaction of the Trial Court for his appearance as and when directed. 9. The applicant will attend each hearing of his trial before the trial Court out of which this bail arises. Any default in attendance in Court would result in cancellation of the bail granted by this Court. 10. Certified copy as per rules.