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Judgment
Vijay Kumar Shukla, J
This is first application filed under Section 439 of Cr.P.C. for grant of regular bail to the applicant, relating to FIR/Crime No.124/2024 dated (not mentioned) registered at P.S. Kotwali, District Mandsaur (M.P.) for commission of offence punishable under Section 49-A of the M.P. Excise Act.
It is alleged that from the possession of applicant, 5 liters spurious liquor has been seized.
Counsel for applicant submits that applicant is in jail since 6.3.2024. Investigation is completed, chargesheet has been filed and there is no material to indicate that seized liquor is spurious in nature.
Counsel for the State opposes the prayer for grant of bail and submits that FSL report is awaited. However, he fairly submits that as per case diary, applicant has no criminal record.
After hearing learned counsel for parties and taking into consideration that investigation is completed, chargesheet has been filed and at present there is no material to indicate that seized liquor was spurious in nature, I am of the view that the applicant is entitled for grant of bail. Therefore, without expressing any view on the merits of the case, the application is allowed.
It is directed that Applicant- Shadab Mansuri shall be released from custody upon furnishing a personal bond of Rs.50,000/- (Rupees Fifty Thousand Only) with one surety of the like amount to the satisfaction of the court below subject to the condition that if the FSL report comes positive, the prosecution will be at liberty to move application for cancellation of bail.
A typed copy of this order is being forwarded to the Office of the Advocate General, on their email address, for intimation to the Police Station concerned. The office is requested to forward a copy of this order to the court below.
C.c. as per rules.