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2022 DIGILAW 1651 (MP)

Rahul v. State of Madhya Pradesh

2022-12-29

AMAR NATH (KESHARWANI)

body2022
JUDGMENT Amar Nath (Kesharwani), J. - This is the first application filed by the applicant under Section 439 of the Code of Criminal Procedure, 1973 seeking bail in connection with Crime No.415/2022 registered at Police Station - Excise Circle Pargana, District - Ratlam for the offence punishable under Section 34(2) of the M.P. Excise Act. 2. As per prosecution story, 54 bulk litre of alcohol was recovered from possession of the present applicant without having any valid license and he was arrested on 31.10.2022. 3. Learned counsel for the applicant submits that the applicant is an innocent person and has been falsely implicated in this case. The applicant is having no criminal antecedent. Investigation is complete and charge-sheet was filed on 10.12.2022. There is no likelihood of early conclusion of the trial, hence, prays for release of the applicant on bail. 4. Per contra, learned Panel Lawyer for the respondent / State opposes the prayer for bail. 5. Considering the facts and circumstances of the case, the quantity of contraband seized from possession of the present applicant and the arguments advanced by the counsel for the parties, without commending on the merits of the case, the application is allowed with conditions. The applicant is directed to be released on bail upon his furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one surety in the like amount to the satisfaction of the trial Court for his appearance before the trial Court on all dates of hearing as may be fixed in this behalf by the trial Court during the pendency of the trial and the applicant shall also abide by the conditions enumerated under Section 437(3) of the Cr.P.C. The applicant will not involve in any offence of the same in future in future. If the applicant is found involved in similar nature of cases, this order shall stand cancelled automatically without reference to the Court and the police will be at liberty to arrest the applicant in present case also. Certified copy, as per Rules