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Judgment
Rajendra Kumar (Verma), J
This is the second application filed by the applicant under Section 439 of Cr.P.C. for grant of bail relating to FIR No.145/2023 registered at Police Station Chitrangi, District Singrauli (M.P.) for the offence punishable under Section 34(2) of Excise Act.
Earlier application being M.Cr.C. No.16168/2023 was dismissed as withdrawn vide order dated 19.04.2023.
As per prosecution case, 60 bulk liters of country made liquor was recovered from possession of the applicant, hence, the case was registered against him.
Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. It is also submitted that offence is triable by JMFC. He has no criminal antecedents of the same nature. The applicant is in custody since 27.03.2023. Charge-sheet has been filed and conclusion of trial will take sufficient time. On the aforesaid grounds, prayer is made to release the applicant on bail.
Learned Panel lawyer has opposed the application and prayed for its rejection.
Looking to the facts and circumstances of the case, on a perusal of the material available on record including the case diary, without commenting on the merits of the case, this application is allowed.
It is directed that the applicant/accused be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the trial court for securing his presence before the said Court on all the dates of hearing fixed in this regard during trial.
It is also directed that the applicant shall comply with the provisions of Section 437(3) Cr.P.C.
This order shall remain effective till the end of the trial but in case of bail jump, breach of any of the pre-condition of bail and in case of repetition, this order shall become ineffective and cancelled without reference to this Bench.
M.Cr.C. stands allowed and disposed of.
Pending I.As., if any, are also disposed of.