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Judgment
The applicant has filed this first application under Section 439 of Cr.P.C for grant of bail, who has been arrested and is in custody since 22-1-2020 in
connection with Crime No.141/2019 registered at Police Station, Dimni, District Morena, for the offence punishable under Sections 34(2), 47A, 42 of
the Excise Act.
It is the submission of learned counsel for the applicant that false case has been registered against him and he is suffering confinement since
22.1.2020. As per allegations, he was transporting 300 liters of beer which is an intoxicant but with very lesser quantity of spirit. Even otherwise he
was not involved in the case and when he obtained the order of Supurdgi of his motorcycle, then he was implicated by the police. He learnt the lesson
hard way and would be cautious in future. He undertakes to perform community service.
Learned Public Prosecutor for the State opposed the prayer and prayed for dismissal of the application.
Considering the submissions advanced, looking to the facts and circumstances of the case, but without commenting on the merits of the case, the
application is allowed. It is directed that the applicant shall be released on bail on his furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty
Thousand Only) with one solvent surety of the like amount to the satisfaction of Trial Court concerned.
This order will remain operative subject to compliance of the following conditions by the applicant:-
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