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Judgment
Prakash Shrivastava, J
Heard through video conferencing on the question of grant of bail.
This is an application made by the applicant under Section 439 Cr.P.C. for grant of bail during trial.
Notice of this application was served on the State counsel. Case diary as per the direction of this Court has been produced and it has been perused.
The applicant is facing trial for offence punishable under Section 34(2) of the M.P. Excise Act registered with Police Station Anjad, District Barwani
in Crime no.451/2020.
Learned counsel for the applicant submits that 111 bulk liter of illicit liquor has been seized from the place outside the gate of the hotel of the applicant.
He further submits that the seizure is not from the present applicant and that earlier in the year 2009, 2012 and 2014, 3 offences under Section 34(1)
(A) of the Excise Act were registered against the applicant but in those cases fine was imposed. He further submits that this is first case registered
against the applicant under Section 34(2) of the Excise Act and that the applicant has been falsely implicated in the matter. He further submits that the
offence is triable by the Magistrate and that the investigation is complete, challan has been filed. He also submits that the applicant is in custody since
20/09/2020 and that the applicant is not guilty of the alleged offence and he is not likely to commit any offence while on bail.
Learned counsel for the State has opposed the application for grant of bail.
On perusal of the case diary and considering the circumstances of the case, I find prima facie force in the submissions made by the counsel for
applicant. Hence I am of the considered view that the application for grant of bail deserves to be allowed and is accordingly allowed.
The applicant is directed to be released on bail on his furnishing a personal bond in the sum of Rs.35,000/- (Rupees Thirty Five Thousand) with one
surety in the like amount to the satisfaction of the Trial Court for his appearance as and when directed.
The applicant will attend each hearing of his trial before the Trial Court out of which this bail arises. Any default in attendance in Court would result in
cancellation of the bail granted by this Court.
Certified copy as per rules.