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Judgment
Subodh Abhyankar, J
This is the second bail application under Section 439 of Criminal Procedure Code, 1973 for grant of temporary bail during the trial.
The applicant is facing trial in connection with Crime No.32/2021 registered at Police Station-Harangaon, District-Dewas (MP) for offence punishable under Section 34 (2) of M.P. Excise Act, 1915. The applicant is in custody since 03/03/2021. The first application was dismissed on merits vide order dated 26/03/2021, passed in M.Cr.C. No.14734/2021.
The application is for grant of temporary bail on the ground of marriage of the applicant, which is to take place on 25/04/2021, however, the ceremonies have to start from 17/04/2021.
The aforesaid fact has already been verified by the respondent/State, as has been affirmed by Shri Valmik Sharkargayen, learned Govt. Advocate appearing for the State.
Allegation against the applicant is that he was found in possession of 57 bulk liters of unauthorised liquor and has been made an accused on the basis of memo under Section 27 of the Indian Evidence Act.
Learned counsel for the applicant has submitted that the applicant has been falsely implicated in the case and his earlier application was dismissed on merits. However, the present application is for temporary bail only for a period of 60 days.
Learned Panel Lawyer for the State opposed the prayer, however the factum of marriage is not denied. It is also submitted that there are no criminal antecedents against the applicant.
On due consideration of the aforesaid, without expressing any opinion on the merits of the case, the present application for temporary bail is allowed. The applicant be released on bail for a period of 40 days from the date of his release upon furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One lakh only) with one solvent surety of the like amount to the satisfaction of the concerned JMFC/CJM with an undertaking that after the expiry of 40 days from the date of his release the applicant will surrender before the concerned trial Court and subject to condition that he will not influence the trial or give threat to any of the prosecution witnesses or complainant party during trial, failing which, appropriate steps will be taken by the concerned trial Court.
With the aforesaid, the present M.Cr.C. stands disposed of.
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