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Judgment
Sanjeev S Kalgaonkar, J
This first bail application has been filed by applicants under Section 439 of the Code of Criminal Procedure, 1973 for grant of bail in connection with Crime No.258 of 2023 registered at Police Station Manpur, District Sheopur (M.P.) for an offence punishable under Section 34(2) of M.P. Excise Act. The applicants are in judicial custody since 20.11.2023. He is in custody ever since.
As per the case of prosecution, on 20.10.2023, ASI Vijay Kumar Police Station Manpur along with police force reached at Harnam Chand Ka Dera Moja Dhiroli and intercepted the applicants, from their joint possession, 110 bulk liters of illicit country-made raw liquor was recovered. On such allegations, Police Station Manpur registered FIR at Crime No.258 of 2023 for an offence punishable under Section 34(2) of the Excise Act against the applicants and applicants were arrested. Relevant seizure has been made. Statements of witnesses have been recorded. On completion of investigation, final report was submitted on 22.11.2023.
Learned counsel for the applicants, in addition to the grounds mentioned in the application, submits that the applicants have falsely been implicated in the matter. The applicants are aged around 28 years and 26 years respectively and Agriculturists by profession. They are permanent resident of District Sheopur. They are sole bread earner in the family and there is no likelihood of their absconding leaving behind their family and property. There is no likelihood of interfering with t h e investigation or tampering with the evidence by the applicants. No criminal antecedent of reported against the applicants. The alleged offence is triable by Judicial Magistrate First Class. The trial would take time to complete. Therefore, the applicants may be extended the benefit of bail.
Per contra, learned counsel for the respondent/State opposes the bail application.
Heard learned counsel for the parties and perused the case diary. Considering the arguments advanced by both the parties and overall circumstances of the case but without commenting on merits of the case, this Court is inclined to release the applicants on bail. Thus, the application is allowed.
Accordingly, it is directed that applicants Heera @ Hardeep Singh and Malkeet shall be released on bail in connection with Crime No.258 of 2023 registered at Police Station Manpur, District Sheopur (M.P.) for an offence punishable under Section 34(2) of M.P. Excise Act, upon furnishing a personal bond in the sum of Rs. 50,000/- (Rs. Fifty Thousand Only) each with one solvent surety of the same amount to the satisfaction of the Trial Court, for compliance with the following conditions, :
The applicants shall remain present on every date of hearing as may be directed by the concerned Court;
The applicants shall not commit or get involved in any offence of similar nature;
The applicants shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to the investigating officer;
The applicants shall not directly or indirectly attempt to tamper with the evidence or allure, pressurize or threaten the witness;
The applicants shall ensure due compliance of provisions of Section 309 of Cr.P.C regarding examination of witness in attendance;
This order shall be effective till the end of trial. However, in case of breach of any of the pre-condition of bail, it shall become ineffective without reference to the Court.
CC as per rules.