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Judgment
Pramod Kumar Agrawal, J
This is the second application filed by the applicant under Section 483 of BNSS for grant of regular bail relating to Crime No. 423/2025 registered at Police Station -Damoh Rural, District Damoh (M.P.) for the offence punishable under Sections 34(2), 42 of M.P. Excise Act. The applicant has been arrested on 11.06.2025. First application was dismissed as withdrawn with liberty to revive the prayer for grant of bail after two months.
As per the prosecution story, on receiving information from the informant police made a search and recovered 172.80 bulk liters of illicit liquor from the possession of applicant. On the basis of which the offence has been registered against the present applicant under the aforesaid section.
Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in this case. He is in custody since 11.06.2025. Offence is triable by JMFC. Now the two months period has been elapsed. Conclusion of the trial will take considerable time, therefore, it has been prayed that the applicant may be released on bail.
On the other hand, learned counsel for State has opposed the grant of bail to the applicant and prayed for its rejection.
Having taken into consideration all the facts and circumstances of the case, but without commenting on merit of the case, I am inclined to release the applicant on bail. Consequently, bail application under Section 483 of BNSS for grant of bail filed on behalf of applicant, stands allowed.
It is directed that applicant 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 his regular appearance before the trial Court during trial with a condition that he shall remain present before the concerned Court on all the dates fixed by it during trial. He shall abide by all the conditions enumerated under Section 480(3) of BNSS.
This order shall be effective till the end of the trial. However, in case of bail jump and breach of any of the conditions of bail, it shall become ineffective.
Certified copy as per rules.