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Judgment
Mohd. Fahim Anwar, J
This is first application filed by the applicants/accused under Section 439 of Cr.P.C for grant of bail in connection with Crime No.4/2021 registered at
Police Station Bichhua Distt. Chhindwada for the offence punishable under Section 34(2) of the M.P. Excise Act, 1915.
As per the prosecution story, on 4.1.2021 on the information of an informer, the co-accused Lucky was searched and he was found in possession 96
bulk liters foreign liquor and the same was seized and he was apprehended. On the basis of his memorandum, the applicants have been made an
accused.
It is submitted by the counsel for the applicants that the applicants are innocent persons and the have been falsely implicated in the crime. It is
submitted that the applicants are ready to furnish bail and abide by all the conditions as may be imposed by the Court. There is no likelihood of their
absconding or tampering with the prosecution witness. It is further submitted that the applicants are in custody since 5.1.2021 and the trial will take
time to conclude.Therefore, it is prayed that the applicants be released on bail.
Learned counsel for the respondent/State has opposed the bail application.
Considering the facts and circumstances of the case and the fact that the applicants are in judicial custody since 5.1.2021 and the trial will take time to
conclude, this court is of the considered view that it is a fit case to enlarge the applicant on bail. Hence, this application is allowed.
It is directed that the applicants be released on bail on their furnishing a personal bond for the sum of Rs.30,000/- (Thirty thousand only) each with a
solvent solvent surety each in the like amount to the satisfaction of the trial court for securing their presence before the said Court on all the dates of
hearing fixed in this regard during trial and for complying with the conditions enumerated in sub-section (3) of Section 437 of Cr.P.C.
In view of the outbreak of 'Corona Virus disease (COVID-19)' the concerned jail authorities are directed to follow the directions/guidelines issued by
the Government of India with regard to COVID-19 before releasing the applicants.
This M.Cr.C. stands allowed and disposed of.
Certified copy as per rules.