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Judgment
Vishal Dhagat, J
This is the first application under Section 439 of Cr.P.C. on behalf of the applicant, who is in jail since 27.04.2021 in connection with Crime No.
168/2021 registered at Police Station: Dehat, District Chhindwara (M.P.) for the offence under Section 34(2) of the M.P. Excise Act and Section 188
of IPC.
As per allegation, Prabal Sahu was carrying illicit country made liqour in the vehicle. He was driver. On checking police has seized 60 bulk liters of
country made liqour from him.
Counsel for the applicant submitted that offence is triable by Judicial Magistrate First Class. Seeing the nature of offence applicant may be enlarged
on bail.
Learned P.L. for the State has opposed the application for grant of bail. It is submitted by her that as many as three criminal cases have been
registered against the applicant, out of which one is of year 2017 and two cases are of year 2020. Said offences are registered under Section 294, 323,
324 and 506 of the IPC. One case is under Section 107/116 of CPC. In this circumstances, he prayed that bail application be rejected.
Heard the counsel for the parties.
Considering the facts that previous offences which were committed by applicant are minor offences and not very serious, therefore bail application
filed by the applicant is allowed on condition that if he is found involved in any other criminal offences in future, then bail granted to him today shall
stand cancelled and he may be apprehended.
Applicant be released on bail on furnishing his personal bond of with solvent surety in the like amount to the satisfaction of the trial court.
In addition to aforesaid condition, the applicant shall abide by the conditions enumerated under Section 437(3) of Cr. P. C.
C.C as per rules.