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Judgment
B. K. Shrivastava, J
Heard on application filed under Section 439 of Cr.P.C. filed on 26.12.2020 on behalf of Sachin Rathore and Aakash Rathore, who were arrested on
05.12.2020 in connection with the Crime No. 454/2020 registered at Police Station, Excise Department, Betul, District Betul for the offences
punishable under Sections, 34 (1) (ka), 34 (2) 46 of Excise Act.
Upon query, it is submitted by the State that as per case diary this is the first offence against both applicants. There is no any criminal background of
the applicants.
It appears from case diary that 54 bulk liters of country made and foreign liquor has been seized from the possession of the applicants.
Therefore, looking to the custody period, quantity seized and absence of criminal background, the application is allowed. Applicants namely, Sachin
Rathore and Aakash Rathore be released on bail upon their furnishing a bail bond in the sum of Rs.30,000/- (Rupees Thirty Thousand Only) each and
a personal bond of the same amount to the satisfaction of the trial Court.
At the time of releasing from custody, all the instructions issued by the government related to Covid-19 shall also be followed by the concerned
authority.
Accordingly, this M.Cr.C. stands allowed.