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ANAND PATHAK
Pawan Balmiki – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
1. The applicant has filed this FIRST bail application u/S.439 Cr.P.C for grant of bail. Applicant has been arrested on 06.09.2022 by Police Station- Gwalior, District- Gwalior, in connection with Crime No.483/2022, for the offence punishable under Section 34(2) of the MP Excise Act.
2. It is the submission of learned counsel for the applicant that false case has been registered against the applicant and he is suffering confinement since 06.09.2022 and trial would take considerable time to conclude. Charge-sheet has already been filed. As per prosecution case, only 81 liters of country made liquor alleged to have been seized from the possession of the applicant. Counsel fairly submitted that applicant bears criminal record of ten cases which all are of same nature. Confinement amounts to pretrial detention. Applicant would not commit any offence of same nature and would not involve in any criminal activity in future. He learnt the lesson hard way and would mend his ways and would become a better citizen. He undertakes to cooperate in trial as well as investigation and would make himself available as and when required. He would not be a source of embarrassment or harassment t
The court considered the spirit of community service and the applicant's age in granting bail, subject to strict conditions to ensure compliance and future conduct.
Granting bail based on the nature of the allegation and the spirit of community service.
The court considered the possibility of course correction and the spirit of community service in granting bail to the applicant.
The court has the discretion to grant bail based on the nature and gravity of the alleged offence, the arguments presented, and the willingness of the applicant to abide by specified conditions.
The court may grant bail based on the duration of custody and expected trial duration, and may impose specific conditions to ensure the applicant's compliance and cooperation during the trial.
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