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Judgment
Amit Seth, J
This is the first bail application filed by the applicant under Section 483 of BNSS, 2023, seeking grant of regular bail in connection with Crime No.271/2025 registered at Police Station Excise Circle Pawai, District Panna (M.P.) for the commission of offence under Section 34(2) of M.P. Excise Act.
The case of the prosecution, in short, is that 66 bulk liters of country-made liquor was seized from the possession of the applicant, for which he was not having any valid and effective license. Accordingly, the offence has been registered against the present applicant.
Learned counsel appearing for the applicant submits that the applicant is innocent and has been falsely implicated in the matter. He is in custody since 11.12.2025. He has not committed any offence. The offence is triable by JMFC. It is further submitted that there is no further recovery is required to be made from the applicant. The applicant is not having any criminal antecedents. The trial is likely to take sufficiently long time. Applicant will not indulge himself in similar type of offence in future. On these grounds, learned counsel prays for grant of regular bail to the applicant.
On the other hand, learned counsel appearing for the State opposes the bail application and prays for its rejection. However, he fairly conceded that the applicant has no criminal antecedents.
5 . Heard learned counsel for the parties and perused the case diary available on record.
Considering the rival submissions and attending the facts and circumstances of the case, but without expressing any opinion on the merits of the case, this Court is of the considered view that the applicant may be granted bail. Hence, the application is allowed and it is directed that the applicant be released on bail upon furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the trial Court/committal Court.
7 . This order will remain operative subject to compliance of the following conditions by the applicant:-
i) The applicant will comply with all the terms and conditions of the bond executed by him;
ii) The applicant will cooperate in the investigation/trial, as the case may be;
iii) The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to the Police Officer, as the case may be;
iv) The applicant will not commit any other offence or will not repeat the offence in future. In case offence of same nature is repeated, this bail order shall automatically stand cancelled;
v) The applicant will not seek unnecessary adjournments during the trial; and
vi) The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.
8 . Copy of this order be sent to the trial Court concerned for compliance, if possible, by the office of this Court.
Certified copy as per rules.
