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Judgment
G.S. Ahluwalia, J
This is first application filed under Section 439 of Cr.P.C. for grant of bail.
The applicant has been arrested on 16.02.2022 in connection with Crime No.51/2022 registered by Police Station - Khaniyadhana, District Shivpuri for offence punishable under Section 34 (2) of M.P. Excise Act.
It is submitted by Counsel for the applicant that according to the prosecution case, 60 liters of country made liquor has been seized from the joint possession of the applicant and co-accused. The Trial is likely to take sufficiently long time and there is no possibility of his absconding or tampering with the prosecution case. It is further submitted that the applicant has no criminal history.
Per contra, the application is opposed by Counsel for the respondent/State. However, after going through the police case diary, it is fairly conceded by Counsel for the State that there is nothing in the diary to indicate the criminal antecedents of the applicant.
Heard the learned counsel for the parties.
Considering the facts and circumstances of the case and without commenting on the merits of the case, the application is allowed. It is directed that the applicant be released on bail on furnishing a personal bond in the sum of Rs.1,00,000/-(Rupees One Lac Only) with one surety in the like amount to the satisfaction of the Trial Court/Committal Court to appear before the Court on the dates given by the concerned Court.
This order shall remain effective till the end of the trial but in case of bail jump, it shall become ineffective.
In the light of the judgment passed by the Supreme Court in the case of Aparna Bhat & Ors. vs. State of M.P. passed on 18/3/2021 in Criminal Appeal No.329/2021, the intimation regarding grant of bail be sent to the complainant.
Certified copy as per rule.