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Judgment
@JUDGEMENTTAG- JUDGEMENT
Vishal Dhagat, J
1 . This is first application filed under Section 439 of Cr.P.C. on behalf of applicant, who is in jail since 10.3.2024 in connection with Crime No. 311/2023 registered at Police Station Govindpura District Bhopal for the offence punishable under Section 34(2) of the M.P. Excise Act.
2 . Learned counsel appearing for the applicant submitted that seizure of liquor has been made from the open place. Only memorandum of co-accused is there implicating the applicant. Evidence is inadmissible. In these circumstances, applicant may be enlarged on bail.
3 . Learned Govt. Advocate for the State has opposed the application and submitted that applicant is habitual offender and as many as 10 cases of IPC are registered against him and one case is under Excise Act of year 2019. In these circumstances, applicant may not be enlarged on bail.
Heard learned counsel for the parties.
Looking to the evidence which is available against the applicant, bail application filed by the applicant is allowed on following conditions:- (i) applicant will mark his presence before concerned police station once in every month (ii) if applicant is involved in any other crime then bail granted to him shall stand automatically and he shall be arrested in this crime number and sent to jail (iii) applicant will appear before the trial Court as and when required and (iv) applicant will not seek unnecessary adjournments in the case.
It is directed that the applicant shall be released on bail on his furnishing personal bond in the sum of Rs . 1,00,000/- (Rupees One Lakh only) with two solvent sureties in the like amount to the satisfaction of the trial Court.
7 . In addition to that the applicant shall also abide by the conditions enumerated in Section 437 (3) of Cr. P. C..
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