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Judgment
Shailendra Shukla, J
This is second bail application filed by the applicant — Devkaran @ Devilal under Section 439 of Code of Criminal Procedure, 1973 for grant of bail in connection with Crime No.330/2020 registered at Police-Station—Excise Depalpur, District-Indore (MP) for the offence punishable under Section
34(2) of MP Excise Act, 1915. The first bail application was dismissed as withdrawn vide order dated 21.12.2020 with liberty to file fresh bail application after examination of independent seizure witnesses.
As per prosecution story, 171 bulk litres of country made liquor was seized from the possession of present applicant.
Learned counsel for the applicant has filed the deposition sheet of independent witness namely; Mahesh Sharma (PW/1) who has turned hostile. The deposition sheet of Police Constable Lalit Geete supporting the prosecution has also been filed but in view of the liberty given in the earlier application,
there being no other independent witness the condition for second bail is fulfilled. The applicant is in jail since 20.10.2020 and the conclusion of trial would take considerably long time. With these submissions, learned counsel prays for grant of bail to present applicant.
Learned counsel for the non-applicant/State was also heard and has opposed the bail application.
Considered.
After due consideration of the facts and circumstances of the case and the submissions mainly those made by learned counsel for the applicant,
without making any opinion on merits of the case, the application filed by the applicant—Devkaran @ Devilal is allowed. The applicant is directed to be released on bail on his furnishing a personal bond in the sum of Rs.50,000/-(Rupees Fifty Thousand) with one local solvent surety of the like amount to the satisfaction of Trial Court/Committal Court for his regular appearance before the Trial Court/Committal Court during trial with a condition that he shall remain present before the Court concerned during trial. The applicant shall also abide by the conditions enumerated under Section 437(3) of
Code of Criminal Procedure, 1973.
Let a copy of this order be sent to the Court concerned for compliance. Miscellaneous Criminal Case No.4110 of 2021 stands allowed and is disposed
of in above terms.
Certified copy as per Rules.