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Judgment
Pritinker Diwaker, J.—Heard.
This is the second bail application on behalf of the applicant. The first bail application was withdrawn by the applicant on 15.6.2009 with a liberty to renew the same at the appropriate time.
Case of the prosecution is that on 6.4.2009, 224 bulk litres of foreign liquor was found in the house of the applicant.
Contention of the counsel for the applicant is that the applicant is in jail since 7.4.2009 and till date even the trial has not started. It has been further submitted that the applicant has no previous criminal record and the trial is triable by the Magistrate.
On the other hand, counsel for the State submits that the case is of serious nature and therefore the applicant is not entitled for bail.
Considering the totality of the facts, in particular the pre-trial detention of the applicant and the fact that the evidence has not yet started and further that the applicant has no criminal past, this Court is of the view that it is a fit case to release the applicant on bail. Accordingly, the application filed u/s 439 Code of Criminal Procedure. is allowed.
The applicant is directed to be released on bail on his executing a personal bond in the sum of Rs. 10,000/- with one surety in the like sum to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given by the said Court.
Certified copy as per rules.