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Judgment
Sanjay Dwivedi, J
This first post-arrest application under Section 439 of the Code of Criminal Procedure has been filed on behalf of the applicant for grant of bail, who is behind the bars since 21.11.2022 in connection with Crime No.420/2022 registered at Police Station Mandideep, District Raisen (M.P.) for the offence punishable under Section 34(2) of M.P Excise Act.
As per the story put-forth by the prosecution, the applicant was caught illegally transporting 55 bulk litres of liquor, for which he had no licence or permit.
Learned counsel for the applicant sanguinely submits that the applicant has been fallaciously roped in the crime. He submits that the offence is triable by the Court of Judicial Magistrate First Class and the applicant has no criminal antecedents. He propounds that the trial will surely take time to conclude. On these grounds, he implores that the applicant may be enlarged on bail.
In contrast, learned counsel for State opposes the bail application and prays for its dismissal.
Cogitating the overall facts and circumstances, including the the fact that the applicant is an under-trial accused, I am inclined to consider and allow this bail application. However, without commenting anything on merits, this application is allowed. It is directed that the applicant be released on bail upon his furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One Lakh) with one solvent surety of the like amount to the satisfaction of the trial Court concerned for his appearance on the dates given by it.
It is further directed that the applicant shall abide by the conditions enumerated in Section 437(3) of the Code of Criminal Procedure.
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