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Judgment
Vivek Rusia, J
This is First bail application under Section 439, Cr.P.C. for grant of bail in connection with Crime No.223/2021, Police-Station- Annapurna, District-
Indore for commission of the offence under Sections 34(1) & 49-A of M.P. Excise Act.
As per prosecution story, on 26.06.2021, police recovered 5 liters spurious liquor from the possession of the applicant. On that basis, the aforesaid
offence have been registered against the applicant.
Learned counsel for the applicant submits that applicant is innocent and he has falsely been implicated in the present crime at the instance of Neelesh
and Nitesh Solanki against whom he has already lodged an FIR No.195/2021 on 07.06.2021 for the offence under Section 323, 294, 506/34 of I.P.C.
A counter FIR has also been registered against him vide crime No.196/2021. Since, he has been released by the police station itself, therefore, in order
to arrest him, this false case has been registered against him, however, it is matter of evidence.
Learned Panel Lawyer opposes the bail application and prays for its rejection.
Considering the facts and circumstances of the case but without commenting on the merit of the case, the application is allowed and he is directed to
be released on bail upon his furnishing personal bond in the sum of Rs.15,000/- (Rupees Fifteen Thousands only) with surety in the like amount to the
satisfaction of the Trial Court for his appearance before that Court during the pendency of trial and shall also abide by the conditions enumerated
under section 437(3) Cr.P.C.
Before releasing the applicant from custody, the jail authorities are directed to medically examine in order to rule out the possibility of COVID -19
infections and shall comply with the direction given by the Hon'ble Apex Court in Writ Petition No. 1/2020.
C.c as per rules.