JUDGMENT

Vishal Dhagat, J. - This is first application under Section 439 of the Code of Criminal Procedure for grant of bail to the applicant, who has been arrested on 22.11.2022 in connection with Crime No.257/2021 for offence under Section 34(2) of the MP Excise Act registered at Police Station-Junnardev, District-Chhindwara (M.P.).

2. Learned counsel appearing for the applicant submitted that applicant is in jail since 22.11.2022. Applicant is made accused only on basis of memorandum. No other evidence is available against the applicant. On said grounds, counsel for applicant prays for bail to the applicant.

3. Learned Government Advocate appearing for the State opposed the application for grant of bail and submitted that applicant is having criminal records of five criminal cases registered against him. Applicant is repeatedly involved in committing offence. In these circumstances, he prayed for rejection of bail application.

4. Heard the counsel for the parties.

5. Applicant is in jail since 22.11.2022. Offence committed by applicant is triable by Judicial Magistrate First Class. Co-accused has already been enlarged on bail. Trial is likely to take some more time. Considering aforesaid facts and circumstances of the case, without expressing any opinion on merits of the case, bail application filed by applicant, is allowed on following conditions :

1. If applicant is found involved in any other offence in future then prosecution is at liberty to file an application for cancellation of bail.

2 . Applicant will regularly attend the trial Court and will appear before the trial Court on all dates, and in exceptional circumstances can file application for exemption giving reasons before the Court and Court shall consider the same on its merits.

3. Applicant will mark his presence before police station Junnardev, District-Chhindwara (MP) on first of every month till completion of trial.

6. It is directed that applicant be released on bail on furnishing personal bond of Rs. 50,000/-(Rs. Fifty Thousand only) with one solvent surety and security in the like amount to the satisfaction of the trial court.

7. The applicant shall also abide by the following conditions of Section 437 (3) of Cr. P. C. as under:-

(a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter;

(b) that such person shall not commit any offence similar to the offence of which he is accused, or suspected of the commission of which he is suspected and;

(c) that such person shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

C.C. as per rules.