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Judgment
Anil Verma, J
Applicant has filed this first bail application under Section 439 of the Code of Criminal Procedure, 1973 on behalf of the applicant for grant of regular bail relating to Crime No.354/2023 registered at P.S., Dhamnod, District Dhar (M.P.) for commission of offence punishable under Section 34(2) of M.P. Excise Act. He is in jail since 29.04.2023.
As per prosecution story, at the time of incident 65 bulk litres of country made liquor has been recovered from the spot and the applicant fled away from the spot, but during investigation he has been arrested as per his memorandum given under Section 27 of Evidence Act. Accordingly, a case has been registered.
Learned counsel for the applicant submits that applicant is innocent and he has been falsely implicated in this matter. The applicant is in jail since 29.04.2023. Investigation is almost over and he is a permanent resident of District Dhar. Final conclusion of trial will take considerable long time. Hence, he prays that applicant be released on bail.
Per-contra, learned counsel for respondent/State opposes the bail application and prays for its rejection. However, he fairly admits that no criminal antecedent has been found against the present applicant.
Perused the impugned order of the court below.
Considering all the facts and circumstances of the case, arguments advanced by counsel for the parties, nature and gravity of allegation as also taking note of the fact that the applicant is in jail since 29.04.2023, offence is exclusively triable by JMFC and final conclusion of trial will take considerable long time, I deem it proper to release the applicant on bail.
Accordingly, without commenting on the merits of the case, the application is allowed. It is directed that the applicant be released on bail upon his furnishing a personal bond in the sum of Rs.70,000/- (Rs. Seventy Thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court for his appearance before the trial Court, as and when required. He shall abide by the conditions enumerated u/S. 437(3) Cr.P.C.
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