AI Structured Summary
Not yet generated for this judgment
Judgment
Vivek Rusia, J
This is the first application filed under section 439 Cr.P.C seeking bail in connection with Crime No.369/2021 registered at Police station Birlagram Nagda for the offence punishable under section 34(2) of M.P. Excise Act. The applicant is in custody since 31.8.2021.
As per prosecution, on 10.6.2021 on the basis of secret information, police recovered 65 bulk liters of country made liquor from the possession of the present applicant and co-accused Ramesh for which they were not having licence.
Learned counsel for the applicant submits that the applicant is young youth of 22 years and the applicant is innocent and he has falsely been implicated in the present crime. He further submits that the co-accused Ramesh has already been granted bail by this Court vide order dated 10.8.2021 passed in MCRC.No.38823/2021. The offence registered against the applicant is triable by the Judicial Magistrate First Class. Investigation is over, charge-sheet has been filed. Conclusion of trial will take sufficient long time. Under these circumstances, applicant may be enlarged on bail.
Learned Panel Lawyer opposes the bail application and prays for its rejection.
Considering the facts and circumstances of the case but without commenting on the merit of the case, the application is allowed and he is directed to be released on bail upon his furnishing personal bond in the sum of Rs.40,000/- (Rupees Forty Thousand only) with surety in the like amount to the satisfaction of the Trial Court for his appearance before that Court during the pendency of trial and shall also abide by the conditions enumerated under section 437(3) Cr.P.C.
C.c as per rules.