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Judgment
The applicant has filed this second application under Section 439 of Cr.P.C for grant of bail, who has been arrested and is in custody since 22-11-2019
in connection with Crime No.365/2018 registered at Police Station, Civil Line, District Datia, for the offence punishable under Sections 34(2) and 34(4)
of the Excise Act. First application was dismissed as withdrawn.
It is the submission of learned counsel for the applicant that false case has been registered against him in which charge-sheet has already been filed.
Although quantity of liquor is on higher side, but looking to his incarceration for almost three months he seeks bail. It is further submitted that he does
not bear any criminal record and has learnt the lesson hard way and would mend his ways and would become a better citizen. He undertakes to
cooperate in trial and would not be a source of embarrassment/harassment to the complainant party in any manner. He further undertakes not to
involve in any criminal activity in future and would not commit the offence of the same nature in future. He further undertakes to perform community
service to purge his misdeeds if any.
Learned Public Prosecutor for the State opposed the prayer and prayed for dismissal of the application.
Considering the submissions advanced, looking to the facts and circumstances of the case, but without commenting on the merits of the case, the
application is allowed. It is directed that the applicant shall be released on bail on his furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty
Thousand Only) with two solvent sureties of the like amount (out of which one has to be local surety of Distt. Datia) to the satisfaction of Trial Court
concerned.
This order will remain operative subject to compliance of the following conditions by the applicant:-
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Certified copy as per rules.