AI Structured Summary
Not yet generated for this judgment
Judgment
Atul Sreedharan, J
This is the first application under Section 439 of Cr.P.C. on behalf of the applicant- Vineet Dhaneliya in connection with Crime No. 115/2023 dated 7/3/2023, registered at Police Station Thatipur, District Gwalior (M.P.) for the offence under Sections 34 (2) of the Excise Act.
The applicant is in judicial custody since 7/3/2023 in the aforesaid case. He was arrested and from his possession 81 bulk litres of alcohol was seized without licence.
There are no criminal antecedents of the applicant which have been forwarded alongwith the police tip in the case diary. The investigation is not yet concluded. However, looking at the period of incarceration, the quantity of alcohol seized from the possession of applicant herein and that there are no previous antecedents of the applicant and that the case is triable by the Court of Magistrate, without commenting on the merits of the case, the application is allowed. It is directed that the applicant shall be enlarged on bail upon his furnishing a personal bond in the sum of Rs.50,000/- (Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the learned trial Court.
C.C. As per rules.