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Judgment
Anjuli Palo, J
This is the first application filed by the applicant under Section 439 of the Cr.P.C. seeking regular bail.
The applicant is in custody since 8.3.2021 in connection with Crime No.153/2021 registered at P.S. Bairasiya, District Bhopal for the offence punishable under Section 34(2) of the M.P. Excise Act.
Learned counsel for the applicant submits that the applicant has been falsely implicated in the case. As per prosecution's case, about 54 bulk liters of illicit liquor is alleged to have been seized from the possession of the applicant. He is i n custody and trial would take considerable time to conclude, therefore, he may be released on bail.
Learned Panel Lawyer has opposed the application. The applicant is a habitual offender. Previous also some cases have been registered against him.
Though, previous some cases have been registered against the applicant , however, considering the fact that its his first offence under the provision of M.P. Excise Act and also considering the overall facts and circumstances of the case and period of custody, I deem it appropriate to release the applicant on bail, therefore, without commenting on the merits of the case, the application is allowed.
It is directed that applicant Ramesh Ahirwar shall be released on bail on his furnishing a personal bond in a sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one surety in the like amount to the satisfaction of the trial Court concerned for his appearance before the said Court on all such dates as may be fixed in this regard during the pendency of trial.
It is further directed that the applicant shall comply with the provisions of Section 437(3) of the Cr.P.C.
The jail authorities shall have the applicant checked by the jail doctor to ensure that he is not suffering from the Corona virus and if he is, he shall be sent to the nearest hospital designated by the State for treatment. If not, he shall be transported to his place of residence by the jail authorities.
Disposed of accordingly.