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VIVEK RUSIA
Dilip@ Dillu – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
Vivek Rusia, J. - This is the first bail application under Section 439, Cr.P.C. for grant of bail in connection with Crime No.646/2021, Police-Station- Mandav Nagar, District-Ujjain (M.P.) for the commission of offences under Section 49-a and 34 of M.P. Excise act. The applicant is in custody since 29.10.2021.
2. as per prosecution case, 05 bulk liters of spurious liquor has been recovered from the possession of the applicant and on the basis of which the case has been registered against the applicant.
3. Learned counsel for the applicant has submits that applicant has falsely been implicated in the case. Charge sheet has been filed. Conclusion of trial will take sufficient long time. The offence is triable by Judicial Magistrate First Class. The Co-accused persons have already been granted bail by this Court. Under these circumstances, learned counsel for the applicant prays for grant of bail to the applicant.
4. Learned panel lawyer for the respondent/State opposes the bail application by submitting that as per the case-diary, total 16 litre of liquor was recovered from the house of the co-accused person but the police has made it 6 litre, 5 litre and 5 litre recovery betwee
Grant of bail based on lack of conclusive evidence and the period of custody.
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.
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 court has the discretion to grant bail to an accused under Section 439 of the Criminal Procedure Code, considering the facts and circumstances of the case, including the custody period and the op....
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 applied the provisions of Section 439 of the Criminal Procedure Code, 1973, and considered the circumstances and arguments presented by the parties in allowing the application for bail unde....
Granting bail under Section 439 of the Cr.P.C and imposing specific conditions to ensure compliance and cooperation during the trial.
The court's decision to grant bail was based on the lack of conclusive evidence regarding the nature of the seized liquid and the completion of the police investigation.
The court may grant bail under Section 439 of Cr.P.C. based on the absence of heinous offences in the applicant's criminal history and the likelihood of a lengthy trial, while imposing specific condi....
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