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Judgment
B. K. Shrivastava, J
Heard on application filed under Section 439 of Cr.P.C. filed on 06.10.2020 on behalf of applicant Phoolchand Kol who is confined in custody since 17.09.2020 in connection with the Crime No. 469/2020 registered at Police Station NKJ, District Katni for the offence punishable under Section 34 (2) of M.P. Excise Act.
It is transpire from the record that total 59 bulk liters liquor has been seized from the possession of the applicant on 17.09.2020. Three opportunities have been granted to the State for submitting the previous criminal record of the applicant but the state is unable to produce any previous criminal antecedents. Therefore, it may be presumed that this is the first case against the applicant and he has no any criminal background.
Therefore, looking to the overall circumstances of the case, without commenting on merits of the case, the application is allowed. Applicant Phoolchand Kol be released on bail upon his furnishing a personal bond in the sum of Rs.30,000/- (Rupees Thirty Thousand Only) with one solvent surety of the like amount to the satisfaction of the trial Court.
At the time of releasing from custody, all the instructions issued by the government related to Covid-19 shall also be followed by the concerned authority.
Accordingly, this M.Cr.C. stands allowed.