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Judgment
Vivek Agarwal, J
Applicant no.1 to 4 have filed this first bail application under Section 439 of CrPC in connection with Crime No.294/21 under Sections 34(2) of M.P
Excise Act registered at police station Kothi, District Satna (M.P) and applicants are in custody since 11/01/2022.
Learned counsel for the applicants submit that total 55 litres of liquor has been recovered from the joint custody of 6 accused persons. Applicants are
innocent. They have been arrested only when charge sheet was filed. The applicants have no criminal history. Applicants are in custody since
11/01/2022. Trial will take time to conclude. On aforesaid grounds prayer is made to enlarge applicants on bail.
Learned Panel Lawyer for the State opposes the prayer made by learned counsel for the applicants and however fairly submits that there is no
criminal history of applicants.
Taking into consideration submissions of learned counsel for the applicants and the fact that this is first offence of the applicants under Excise Act,
applicants are in custody since 11/01/2021 and further custodial interrogation is not required in this case, hence without commenting anything on merits
of the case, this bail application is allowed. It is directed that applicant no.1 Pintu Shukla @ Praveen Shukla, applicant no.2 Mohan Prasad
Kori, applicant no.3 Brijesh Dahiya and applicant no.4 Mithilesh Mishrab e released on bail on their furnishing a personal bond to the tune of
Rs.50,000/-each with two solvent sureties in the like amount to the satisfaction of the learned Trial Court. It is further directed that the applicants shall
comply with the provisions of Section 437(3) of the Cr.P.C.
In view of the outbreak of new mutant Omicron of Covid-19, the jail authorities and the State Government are directed to follow the guidelines issued
by the Health Ministry in the wake of Novel Corona Virus before and after releasing the applicant.
In above term, this bail application is disposed of.
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