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Judgment
Learned counsel for the rival parties are heard.
The applicants have filed this first application u/S 439, Cr.P.C. for grant of bail. The applicants have been arrested by Police Station Amayan, District
Bhind in connection with Crime No. 03/2020 registered in relation to the offences punishable u/S. 34 (2) of the Excise Act.
Learned Panel Lawyer for the State opposed the application and prayed for its rejection by contending that on the basis of the allegations and the
material available on record, no case for grant of bail is made out.
Considering the facts that applicants are in custody since 09/01/2020 and the prosecution story discloses alleged offence u/S. 34 (2) of Excise Act
which prescribes for maximum punishment of three years and that 55 bulk litres of liquor has been seized from the joint possession of the applicants
and prolonged pre-trial detention being an anathema to the concept of liberty, this Court is inclined to extend the benefit of bail to the applicants.
Accordingly, without expressing any opinion on merits of the case, this application is allowed and it is directed that the applicants be released on bail on
furnishing a personal bond in the sum of Rs. 50,000/- (Rs. Fifty Thousand only) each with two local solvent sureties each in the like amount to the
satisfaction of the concerned trial Court.
This order will remain operative subject to compliance of the following conditions by the applicants :-
They will cooperate in the investigation/trial, as the case may be;
They will not indulge themselves in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade
him/her from disclosing such facts to the Court or to the Police Officer, as the case may be;
They shall not commit an offence similar to the offence of which they are accused;
They will not seek unnecessary adjournments during the trial; and
They will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.
If, the applicants commit any offence after being released on bail, then this bail order shall automatically stands cancelled without further reference
to this Court.
A copy of this order be sent to the Court concerned for compliance.
C.c. as per rules.