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ROHIT ARYA
Menabai Kanjar – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
Rohit Arya, J. - This is first bail application under Section 439 Cr.P.C. filed on behalf of the applicant. The applicant is in custody since 14.12.2022 in connection with Crime No.168/2022 registered at P.S. Bhander, District Datia (M.P.) for the offence punishable under Section 34(2) of Excise Act.
2. As per prosecution story, present applicant was found in unauthorized and illegal possession of 70 litres of illicit liquor alleged to be harmful for human consumption. Accordingly, case has been registered against the applicant.
3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the offence. Applicant has suffered jail incarceration since 14.12.2022. Applicant is a lady aged 45 years. Moreso, trial is not likely to be concluded early in the near future. Under such circumstances, the prayer for grant of bail may be considered on such terms and conditions as this Court deems fit and proper.
4. Per contra, learned counsel for the State opposes the bail application supporting the order impugned.
5. Upon hearing learned counsel for the parties this Court though refrains from commenting upon the rival contentions touching th
The court may grant bail based on the duration of custody and the likelihood of trial delay, while imposing stringent conditions to ensure compliance.
The court may grant bail under Section 439 of the Criminal Procedure Code, 1973, considering prolonged custody and the likelihood of delay in the conclusion of the trial, imposing stringent condition....
Prolonged custody and the likelihood of delay in the conclusion of the trial can be grounds for granting bail under Section 439 of the Criminal Procedure Code, 1973.
The court may grant bail with stringent conditions based on the prolonged custody of the applicant and the possibility of delay in the conclusion of the trial.
The court considered the prolonged custody and the possibility of delay in trial conclusion as grounds for granting bail with stringent conditions.
The court's decision to grant bail was influenced by the absence of seizure from the applicant's possession and the open place of seizure, without commenting on the merits of the case.
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