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Judgment
Vivek Agarwal, J
This is first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 on behalf of applicant Rajesh @ Babu Gurjar.
Case Crime no.24/2022 is registered at Police Station Crime Branch, District Bhopal (M.P.) for offence punishable under Section 34 (2) of Excise Act. The applicant is in custody since 31.03.2022.
Learned counsel for the applicant submits that the applicant is innocent and he is falsely implicated in this case. He has been made an accused on the basis of memorandum of co-accused persons namely Lal Singh Patel and Ashutosh Rathore from whom 81 bulk litres of liquor was recovered from the dicky of the car. The memorandum has little or less evidentiary value which is not supported by corroborative evidence. Hence, prayer is made to enlarge the applicant on bail.
Learned Deputy Government Advocate, on the other hand, opposes the bail application.
Taking these facts into consideration, without commenting on the merits of the case, this application is allowed.
It is directed that applicant be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with two solvent sureties of the like amount to the satisfaction of the Trial Court for his appearance before the Court on the dates given by the concerned Court during pendency of trial. It is further directed that the applicant shall comply with the provisions of Section 437(3) of the Cr. P. C.
This order shall be effective till the end of the trial, however, in case of bail jump and breach of any of the pre-condition of bail, it shall become ineffective.
I n 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.
Certified copy as per rules.