AI Structured Summary
Not yet generated for this judgment
Judgment
Atul Sreedharan, J
This application under Section 439 of the Code of Criminal Procedure, 1973 has been filed for grant of bail to applicant Dharmendra Gupta in
connection with Crime No.253/2020 for the offences punishable under sections 34(1)(ka) and 34(2) of the M. P. Excise Act registered at Excise
Circle Rajnagar of Police Station Bijuri, district Anuppur.
The applicant herein is in judicial custody since 17.12.2020 in the aforementioned case. The allegation against him is that he was arrested and from his
possession 87.3 bulk litres of alcohol was seized without licence.
While opposing the application for grant of bail, learned counsel for the State has submitted that the applicant is a proprietor of one Pushpanjali Kirana
Store and the said offending alcohol was seized from his shop. However, learned counsel for the State submits that along with the case diary, the
police tip categorically states that besides this particular case, there is no other case pending against the applicant herein.
Under the circumstances, looking at the quantity of alcohol seized from the applicant herein and that he being the first time offender and also the
period of incarceration already undergone by him, the application is allowed. It is directed that the applicant herein shall be enlarged on bail upon his
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
learned trial court.
The jail authorities shall have the applicant checked by the jail doctor to ensure that he is not suffering from the Novel Corona Virus (COVID-19)
disease and if he is, he shall be sent to the nearest hospital designated by the State for treatment. If not, he shall be transported to his place of
residence by the jail authorities.
Certified copy as per rules.