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Judgment
Vinay Saraf, J
This is the first application filed under section 483 of BNSS, 2023 for grant of bail on behalf of applicant Anil Singh S/o Om Singh in connection with Crime No.268/2025, registered by Police Station - Gunaur District Panna under section 34(2) of M.P. Excise Act.
The prosecution case in brief is that on 26.08.2025 upon receipt of secret information police party raided at the place informed by the informer and captured one person from the spot, however, second was managed to run away and seized 58.05 bulk litres of country made liquor from the possession of co-accused. As per the prosecution case, applicant was present at the spot, he ran away and later on was arrested on 27.10.2025.
Counsel for the applicant submits that nothing has been recovered from the possession of the present applicant, he is innocent and has been falsely implicated in the present case. Investigation is almost over. Charge sheet has been filed. Present applicant is in custody since 27.10.2025. He prays for grant of bail to the present applicant.
Per contra, learned Panel Lawyer opposed the bail application on the ground that present applicant was present at the spot and he ran away. His name was immediately disclosed by the co-accused, who was caught at the spot. The applicant remained abscond for a period of two months. He prays for dismissal of the present application.
Without commenting on the merits of the case, considering the fact that the co-accused has already been enlarged on bail by co-ordinate Bench in M.Cr.C. No.42914/2025 order dated 23.09.2025, applicant is in custody since 27.10.2025, investigation is almost over, offence is triable by JMFC and there is no past criminal record against the present applicant under Section 34(2) of MP Excise Act, I deem it proper to allow this application.
Accordingly, the application is allowed. The applicant is directed to be released on bail on his furnishing a personal bond of Rs.50,000/- (Rupees Fifty Thousand Only) with one surety in the like amount amount to the satisfaction of trial Court. It is directed that the applicant shall comply with conditions as enumerated under section 480(3) of BNSS.
A copy of this order be sent to the trial court.