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Judgment
Atul Sreedharan, J
This second application under Section 439 of the Code of Criminal Procedure, 1973 has been filed for grant of bail to applicant, in connection with Crime No.95/2021, registered at Police Station- Tighra, District Gwalior, for the offences punishable under Sections 34 and 49-a of the Excise Act.
The applicant is in judicial custody since 26.12.2022 in the aforesaid case. The first application having been dismissed as withdrawn with liberty to file afresh after the statement of seizure witness is recorded. Thereafter, the statement of seizure witness has been recorded. He has been examined as PW-
He completely resiled from his statement and has not supported the case of the prosecution and says that the offending alcohol was never seized from the applicant herein.
Under the circumstances, the application is allowed and it is directed that the applicant shall be released on bail upon his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one surety in the like amount to the satisfaction of the learned trial Court.
C.C. as per rules.