Research › Search › Judgment

Madhya Pradesh High Court · body

2020 DIGILAW 916 (MP)

Bherulal v. State Of Madhya Pradesh

2020-09-16

PRAKASH SHRIVASTAVA

body2020
JUDGMENT Prakash Shrivastava, J. - Heard through video conferencing. 2. This is an application made by the applicant (accused) under Section 439 Cr.P.C. 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 MP Excise Act registered with Police Station Neemuch City District Neemuch, in Crime no. 305/2020. 5. Learned counsel for the applicant submits that 60 bulk liters of illicit liquor has been seized from the custody of 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 2/8/2020 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.