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SATYENDRA KUMAR SINGH
Narendra Singh – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
Satyendra Kumar Singh, J. - With the consent, heard finally.
Perused the case diary.
This is first application filed under Section 439 of Cr.P.C for grant of bail to the applicant, as he has been arrested on 18.04.2022 in connection with Crime No.51/2022, registered at Police Station Barod, District agar Malwa (M.P.) for commission of offence punishable under Section 34(2) of the M.P.Excise act.
Prosecution story, in brief, is that on 26.02.2022, co-accused Prem Singh was found having 54 bulk liters of illicit country made liquor for the purpose of sale without any valid license or authority. During investigation, it was found that co-accused Prem Singh procured/purchased the aforesaid liquor from the applicant and applicant was also involved in the crime.
Learned counsel for the applicant submits that as per prosecution case, the applicant has been implicated only on the basis of memorandum statement of co-accused Prem Singh. Nothing has been seized from the possession of the applicant. There is no legal evidence against the applicant. He is in custody since 18.04.2022 and trial will take time for its conclusion, therefore, prayer is made to enlarge the applicant on bail.
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The court's decision to grant bail was based on the nature of allegations and evidence against the applicant, without commenting on the merits of the matter.
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.
The court's decision to grant bail was influenced by the circumstances of the case, including the quantity of seized liquor, pending report on the nature of the liquor, and the period of custody suff....
The central legal point established in the judgment is the requirement of legal evidence to connect an accused with an alleged offence under the M.P. Excise Act, influencing the court's decision to g....
Grant of bail based on lack of legal evidence connecting the accused to the offence and the prolonged trial process.
Grant of bail based on the amount of seized liquor and period of custody, without commenting on the merits of the case.
The court has the discretion to grant bail during trial based on the facts and circumstances of the case, without commenting on the merits of the case.
The main legal point established in the judgment is that the grant of bail under Section 439 of the Criminal Procedure Code, 1973, can be influenced by factors such as lack of criminal antecedents, a....
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