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Judgment
B. K. Shrivastava, J
Heard on application filed under Section 439 of Cr.P.C. filed on 30.09.2020 on behalf of applicant Bhila Singh @ Bhola Singh, who is confined in custody since 18.09.2020 in connection with the Crime No. 704/2020 registered at Police Station Shahpur, District Burhanpur for the offence punishable under Section 34 (2) of M.P. Excise Act.
It appears from the case diary that total 60 bulk liters of country made liquor has been seized from the possession of the applicant on 18.09.2020. Three opportunities have been granted to the State for submitting the previous criminal record of the applicant but state is unable to produce any criminal record. Therefore, it may be presumed that the applicant having no any criminal background and this is the first case registered against the applicant under Excise Act.
Therefore, looking to the overall circumstances of the case, the application is allowed. Applicant Bhila Singh @ Bhola Singh be released on bail upon his furnishing a personal bond in the sum of Rs.30,000/- (Rupees Thirty Thousand Only) with one solvent surety of the like amount to the satisfaction of the trial Court.
At the time of releasing from custody, all the instructions issued by the government related to Covid-19 shall also be followed by the concerned authority.
Accordingly, this M.Cr.C. stands allowed.