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Judgment
Vinay Saraf, J
This is first bail application under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023 on behalf of applicant- Rohit Barmaiya S/o Santosh Barmaiya for grant of regular bail in connection with Crime No.510/2025, registered at Police Station Maharajpur, District Mandla under section 34(2) of M.P.Excise Act.
Short facts of the prosecution case are that upon a secret information, the police party raided at spot and seized 168.120 bulk litres country made illicit liquor from the possession of the applicant and thereafter arrested the applicant on 13.10.2025 and since then the applicant is in custody.
Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. He has not committed any offence. He is in custody since 13.10.2025. The allegation that the applicant is having criminal antecedents in past is incorrect and except this case, no offence has been registered against him. He prays for enlarging the applicant on bail.
Learned counsel for the respondent/State opposed the bail application on the ground that 168.120 bulk litres of country made illicit liquor was seized from the possession of the applicant and co-accused Rajesh Jharia. Investigation is pending. However, counsel fairly states that there is no criminal antecedents of the present applicant and criminal record available in the case diary is in respect of the co-accused Rajesh Jharia. He prays for dismissal of the present application.
Considering the fact that there is no past criminal antecedents of the present applicant and he is in custody since 13.10.2025, investigation is almost over, without commenting on the merits of the case, I deem it appropriate to allow the application.
Accordingly, it is directed that the applicant be released on bail upon furnishing a personal bond of Rs.50,000/-(Rupees Fifty Thousand Only) along with a surety of the like amount to the satisfaction of trial court for his regular appearance before the trial court during trial. The applicant will abide by the conditions enumerated under Section 480(3) of the BNSS, 2023.
Accordingly, M.Cr.C. is allowed.