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Judgment
Rajendra Kumar (Verma), J
This is the first bail application under Section 439 of Criminal Procedure Code, 1973, filed by the applicant for grant of bail.
The applicant is facing trial relating to FIR/Crime No.228/2023 registered at Police Station Rehli District Sagar for the offence punishable under Section 34(2) of the IPC.
As per prosecution, 90 bulk litres of liquor has been seized from the joint possession of applicant and co-accused persons.
Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. It is further submitted that offence is triable by JMFC. It is further submitted that co-accused persons Ashu @ Alok, Kamlesh and Jitendra have been enlarged on bail vide order dated 20.04.2023 in M.Cr.C. 15567/2023. The applicant is in custody since 31.03.2023. He has no criminal antecedents. The conclusion of trial will take sufficient time. On the aforesaid grounds, prayer is made to release the applicant on bail.
Learned Panel Lawyer has opposed the application and prayed for its rejection, but fairly conceded that applicant has no criminal antecedents under the same nature.
Looking to the facts and circumstances of the case, on a perusal of the material available on record including the case diary, without commenting on the merits of the case, this application is allowed.
It is directed that the applicant be released on bail upon his furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with two solvent surety of Rs. 25,000/- each to the satisfaction of the concerned Court for his appearance before the Trial Court on all such dates as may be fixed in this behalf by the Trial Court during the pendency of trial. It is further directed that applicant shall comply with the provisions of Section 437 (3) of Cr.P. C.
This order shall remain effective till the end of the trial but in case of bail jump and breach of any of the pre-condition of bail, it shall become ineffective.
This application is allowed and disposed of accordingly.
Certified Copy as per rules.