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Judgment
Shailendra Shukla, J
This is first application under Section 439 of Cr.P.C. for grant of bail. Applicant â€" Deepak S/o Prakash Pagare is implicated in Crime No.639/2020
registered at Police Station â€" Khajrana, District Indore for the offence punishable under Sections 49-A and 34(1) of the M. P. Excise Act and he is
in custody since 17.07.2020.
As per prosecution story, 2 litres of poisonous liquor was seized from the possession of the applicant.
Learned counsel for the applicant submits that charge-sheet has since been filed and that there are no criminal antecedents against the applicant
pertaining to the Excise Act.
Learned Public Prosecutor for the State was also heard who has opposed the application submitting that there are two criminal antecedents registered
against the applicant, one under the NDPS Act and another under Sections 399 and 402 of IPC.
Considered.
In view of the aforesaid submissions, without commenting upon the merits of the case, this bail application is allowed and it is directed that applicant
â€" Deepak shall be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty thousand only) with one solvent surety
to the satisfaction of the concerned Trial Court/Committal Court for his regular appearance before the Trial Court/Committal Court on all dates of
hearing as may be fixed in this behalf by the Court concerned during trial. It is also directed that the applicant shall abide by all the conditions
enumerated under Section 437(3) of the Cr.P.C. However, it is made clear that if in the FSL report, the seized liquor turns out to be poisonous, then
the bail granted to the applicant shall stand cancelled without reference to the Court. The applicant shall also not indulge in any criminal activity after
being so released on bail. A breach of this condition will also entail cancellation of bail granted to the accused.
A copy of this order be sent to the Court concerned for compliance.
M.Cr.C. No.49763/2020 is allowed and stands disposed of Certified copy as per rules.