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Judgment
Vishal Dhagat, J
This is first bail application under Section 439 of Cr.P.C. for grant of bail to the applicant. Applicant has been arrested on 15.09.2020 in connection with Crime No.645/2020 registered at Police Station Rampur Naikin, District Sidhi, (M.P.), for commission of offence punishable under Section 34 (2) of M.P. Excise Act.
Counsel appearing for applicant submitted that he is innocent and falsely been implicated in the case. It is submitted by him that infact he had lodged a complaint regarding manufacturing of illicit liquor in the village. On his complaint, no action was taken and on the contrary, police along with liquor Mafia has falsely been implicated him in the case.
Counsel appearing for State Government opposed the application for grant of bail. It is submitted by him that 76 bulk liters of country made liquor has been seized from the applicant and bail may not be granted to him.
Heard the counsel for the parties.
On consideration, it is found that liquor has been seized from an open land under a tree. Said seizure cannot be said to be an exclusive possession of the applicant. Bail application filed by applicant is allowed. It is directed that on furnishing a personal bond of Rs.25,000/- (Rupees Twenty Five Thousand) by the applicant along with one solvent surety in the like amount to the satisfaction of trial Court concerned, the applicant be released on bail.
The applicant shall abide by the following conditions of Section 437 (3) of Cr. P. C. as under:
(a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter;
(b) that such person shall not commit any offence similar to the offence o f which he is accused, or suspected of the commission of which he is suspected and;
(c) that such person shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
C.C. as per rules.