ORDER

This is first application filed by the applicant under Section 439 of the Code of Criminal Procedure for grant of regular bail relating to FIR No.512/2023 registered at Police Station-Niwadi, District-Niwadi (MP) for the offence under Section 34(2) of the MP Excise Act.

2. Learned counsel appearing for the applicant submitted that applicant is in jail since 13.12.2023. Applicant is innocent and has falsely been implicated in the case. It is submitted that offence committed by applicant is triable by Judicial Magistrate First Class. Applicant is having one more criminal antecedent under Excise Act but he has not been convicted in said case. No offence under Section 34(2) of the MP Excise Act is made out against the applicant. In these circumstances, he prayed that applicant may be released on bail.

3. Learned Government Advocate appearing for the State opposed the application for grant of bail. It is submitted that applicant is having one more criminal record under Excise Act. In these circumstances, applicant may not be released on bail.

4. Heard the counsel for the parties. 5. Applicant is in jail since 13.12.2023. Offence committed by applicant is triable by Judicial Magistrate First Class. Charge sheet has been filed and investigation is complete.

6. Considering aforesaid facts and circumstances of the case, without commenting on the merits of the case, bail application stands allowed. It is directed that the applicant shall be released on bail on furnishing personal bond o f Rs.1,00,000/- (Rs. One Lac Only) with one solvent surety in the like amount to the satisfaction of the trial Court concerned for his regular appearance before Court on all such dates as may be fixed in this regard during pendency of trial.

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. (VISHAL DHAGAT) JUDGE tamper with the evidence.

C.C. as per rules. (VISHAL DHAGAT) JUDGE $A Digitally signed by SHABANA ANSARI Date: 2024.01.03 15:31:58 +05'30'