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Judgment
G.S. Ahluwalia, J
This second application under Section 439 of CrPC has been filed for grant of bail. First application was dismissed by order dated 28/08/2020 passed
in MCRC No. 30108 of 2020.
The applicant has been arrested on 13/08/2020 in connection with Crime No.504 of 2020 registered at Police Station Civil Line, District Morena for
offence under Sections 34(2), 47(A) of the Excise Act.
It is submitted by the Counsel for the applicant that looking to the considerable period of detention, this Court, has already granted bail to co-accused
Amit Shivhare, by order dated 09/02/2021 passed in MCRC 7173 of 2021.
The prosecution case is that 117 liters of English liquor was being transported in a vehicle which was auctioned by the Court and the said Car was
also bearing an official number. The applicant undertakes to abide by stringent condition which may be imposed by this Court. The trial is likely to take
sufficiently long time and there is no possibility of his absconding or tampering with the prosecution case.
Per contra, the application is opposed by the Counsel for the State. It is submitted that the applicant has a criminal history and seven more criminal
cases have been registered against him.
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 subject to stringent
conditions. It is directed that the applicant shall be released on bail on furnishing a cash surety of Rs.1,50,000/- (Rupees one lac fifty thousand only) to
the satisfaction of the Trial Court/ Committal Court to appear before the Court on the dates given by the concerned Court.
It is further directed that the applicant shall appear before the SHO ,Police Station Civil Line, District Morena on 1st and 15th of every month during
pendency of the trial. In case of bail jump or non-appearance of the applicant before the police station as directed by this Court, this order shall lose its
effect.
CC as per rules.