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Judgment
Vivek Agarwal, J
This is second bail application filed under Section 439 of the Code of Criminal Procedure for grant of bail on behalf of the applicants, who are in
custody since 7.1.2022 in connection with Crime No.05/2022 registered at Police Station Jaisi Nagar, District Sagar for the offence under Section
34(2) of M.P. Excise Act. Their first bail application (M.Cr.C No.3889/2022) was dismissed as withdrawn by this Court vide order dated 24.1.2022
with liberty to renew the prayer once investigation is complete & charge sheet is filed.
According to the prosecution story, 108 bulk liters of country made liquor has been seized from unauthorized possession of the applicants.
Learned counsel for the applicants submits that applicants are innocent. They have been falsely implicated in the case. Investigation is complete.
Charge sheet has been filed. Trial will take time for its conclusion. Applicants are in custody since 7.1.2022. There is no criminal history of the present
applicants. Hence, prayer is made to enlarge the applicants on bail.
Learned Panel Lawyer for the State opposes the bail application. After hearing learned counsel for the parties and on a perusal of the material
available on record including the case diary, I deem it appropriate to release the applicants on bail, therefore, without commenting on the merits of the
case, this application is allowed.
I t is directed that applicant No.1 Rupesh Yadav S/o. Shri Phool Singh Yadav & applicant No.2 Kalyan Singh Ghoshi S/o. Suraj Singh Ghoshi shall be
released on bail on their furnishing a personal bond in a sum of Rs.50,000/- (Rupees Fifty Thousand Only) each with two solvent sureties in the like
amount each to the satisfaction of the Trial Court concerned for their 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 applicants 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.
In 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.