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Judgment
Subodh Abhyankar, J
This is 1st bail application filed by the applicant under Section 439 Cr.P.C. for grant of bail during trial.
The applicant is facing trial for an offence punishable under Section 420, 272 and 273 of the IPC registered with Police Station Banganga, Indore
District Indore in Crime no.67/2021. The applicant is in custody since 19/01/2021.
The allegation against the applicant is that he was found preparing Namkeen items in his premises which was in an unclean condition. It is also alleged
that the said items were being packed at a different address.
Learned counsel for the applicant has submitted that the applicant has been falsely implicated in the matter as the applicant is in the business of
manufacturing and selling Namkeen and his factory where the search took place is at Sanwer Road, whereas his shop is at Subhash Marg, Indore
from where he sells the product and thus, on the wrappers, the address of Subhash Marg was mentioned which cannot said to be illegal or any
intention to defraud the customers. Counsel has further submitted that the offence is triable by the JMFC and the applicant is a reputed businessman
and he is in custody since 19/01/2021 and the final conclusion of trial is likely to take sufficient long time, thus, the applicant be released on bail.
Learned counsel for the State on the other hand has opposed the prayer for grant of bail and has submitted that no case for grant of bail is made out.
Having considered the rival submissions, on perusal of the case diary as also taking note of the facts and circumstances of the case, I am of the
considered view that the application for grant of bail deserves to be allowed and is accordingly allowed.
The applicant is directed to be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand) with one
surety in the like amount to the satisfaction of the Trial Court for his appearance as and when directed.
It is also directed that the applicant will abide by all the conditions enumerated under Section 437(3) of the Cr.P.C.
Certified copy as per rules.