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Judgment
Subodh Abhyankar, J
This is applicants’ first bail application filed under Section 439 of Cr.P.C. The applicants are implicated in connection with Crime No.413/2021
registered at Police Station-Azad Nagar, District- Indore (MP) for offence punishable under Section 34(2) of the M.P. Excise Act. The applicants are
in custody since 06.6.2021.
As per prosecution story, the applicants were found in possession of 57 bulk liters unauthorized liquor.
Learned counsel for the applicants has submitted that the applicants are in jail since 6.6.2021 and there are no other criminal case registered against
them, charge sheet has already been filed and the final conclusion of the trial is likely to take sufficiently long time. Therefore, counsel has prayed that
the bail application be allowed.
Learned Panel Lawyer for the respondent/State has opposed the prayer, however it is not denied that there are no other criminal antecedents of the
applicants.
On due consideration of the aforesaid and also on perusal of the case diary, taking note of the fact that there are no other criminal case registered
against the applicants and looking to the quantity of the liquor, without reflecting anything on the merits of the case, the application filed by under
Section 439 of Cr.P.C. on behalf of the applicants is hereby allowed.
The applicants are directed to be released on bail upon furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) each with
one solvent surety of the like amount to the satisfaction of the trial Court for their regular appearance before the trial Court during trial with a condition
that they shall remain present before the court concerned during trial and shall also abide by the conditions enumerated under Section 437 (3) Criminal
Procedure Code, 1973.
It is made clear that if the applicants are again found to be involved in any other offence during the trial, this order shall stand cancelled automatically
without reference to the Court and the police will be at liberty to arrest the applicant in the present case also.
This order shall be effective till the end of the trial, however, in case of bail jump, it shall become ineffective.
Certified copy, as per rules.