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Judgment
Vivek Rusia, J
These M.Cr.Cs i.e. M.Cr.C. No.50000/2021 is first, M.Cr.C. No.54026/2021, M.Cr.C. No.50132/2021 are second and M.Cr.C. No.48622/2021 is third bail application filed by the applicants under section 439 Cr.P.C. seeking bail in connection with Crime No.103/2021 registered at Police Station- Barwaha, District-Khargone (M.P.) for the offence punishable under section 379 of the Indian penal Code and section 42 of the Indian Forest Act r/w sections 5, 15, and 16 of the M.P. Van Upaj (Vyapar Viniyaman) Adhiniyam, 1969. The applicant Kalu@ Jakir is in custody since 25.04.2021 and other applicants are in custody since 27.02.2021.
First bail application of applicants- Kalu@ Jakir and Rais Khan was dismissed as withdrawn vide order dated 20.07.2021 passed in M.Cr.C. No.31841/2021 and M.Cr.C. No.31774/2021. First bail application of the applicant-Shabana was dismissed as withdrawn vide order dated 23.03.2021 passed in M.Cr.C No.14184/2021 and second bail application was dismissed was withdrawn vide order dated 28327/2021 with liberty to renew the prayer.
As per prosecution story, on 27.02.2021 police station Barawaha apprehended a white color alto car MP-16-C-9341 and found two persons and a lady sitting in it. The passengers declared their name as Shazad and Shabana. There was a fragrance of sandalwood and when the vehicle was further searched and found 95 kg. and 300 gram sandalwood valued Rs. 3 lakhs. Since they are failed to produce valid license pertaining to the ownership accordingly they were arrested.
Learned counsel for the applicants submit that earlier bail application of the applicants were dismissed as withdrawn with liberty to renew after three months and now three months is completed. Investigation is complete and charge sheet has been filed.
Under these circumstances, learned counsel prays for grant of bail to the applicants.
Learned Govt. Advocate appearing for the respondent/State opposes the prayer and prayed for rejection of the bail applications.
I have perused the case-diary.
Considering the facts and circumstances, without commenting on the merits of the case,the bail application is allowed and the applicants are directed to be released on bail upon their furnishing a personal bond in the sum of Rs.40,000/- (Rupees Forty Thousand) each with separate sureties in the like amount to the satisfaction of the trial Court for their regular appearance before the trial Court during the trial with a condition that they shall remain present before the court concerned during the trial and shall also abide by the conditions enumerated under Section 437(3) Cr.P.C.
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