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Judgment
Vivek Rusia, J
This is the First application filed under section 439 Cr.P.C seeking bail in connection with Crime No.464/2021 registered at police station Khachrod
District Ujjain for the offence punishable under section 34(2) of M.P. Excise Act.
As per prosecution, on 30.06.2021 on the basis of secret information police apprehended motorcycle bearing registration No.RJ-19-SI-0986, which
ridden by the present applicant. The police searched the vehicle and recovered 60 bulk liters country made liquor. On that basis, the aforesaid offence
has been registered.
Learned counsel for the applicant submits that applicant is in jail since 30.06.2021. The offence registered against the applicant is triable by the Judicial
Magistrate First Class. Investigation is over, charge-sheet has been filed. Conclusion of trial will take sufficient long time. Under these circumstances,
learned counsel for the applicant prays for grant of bail to the applicant.
Learned Panel Lawyer opposes the bail application and prays for its rejection.
Considering the facts and circumstances of the case but without commenting on the merit of the case, the application is allowed and he is directed to
be released on bail upon his furnishing personal bond in the sum of Rs.40,000/- (Rupees Forty Thousand only) with surety in the like amount to the
satisfaction of the Trial Court for his appearance before that Court during the pendency of trial and shall also abide by the conditions enumerated
under section 437(3) Cr.P.C.
Before releasing the applicant from custody, the jail authorities are directed to medically examine in order to rule out the possibility of COVID -19
infections and shall comply with the direction given by the Hon'ble Apex Court in Writ Petition No. 1/2020.
C.c as per rules.