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2022 Supreme(Online)(MP) 79

IN THE HIGH COURT OF MADHYA PRADESH

AT JABALPUR

BEFORE

HON'BLE SHRI JUSTICE DINESH KUMAR PALIWAL

ON THE 24th OF JUNE, 2022

MISC. CRIMINAL CASE No. 30165 of 2022

Between:-

GOVIND, S/O BALIRAM RATHOR, AGED ABOUT

45

YEARS, OCCUPATION:

LABOUR,

R/O

VILLAGE

FOFNAR

KHURD,

P.S.

SHAHPUR

TAHSIL AND DISTRICT BURHANPUR (MADHY

A

PRADESH)

.....PETITIONER

(BY SHRI L.P. SINGH - ADVOCATE)

AND

THE STATE OF MADHY

A PRADESH THROUGH

POLICE

STATION

SHAHPUR

DISTRCIT

BURHANPUR M.P. DISTRICT BURHANPUR M.P.

(MADHYA PRADESH)

.....RESPONDENT

(BY

SHRI

PRAMOD

CHOUBEY

-

DEPUTY

GOVERNMENT

ADVOCATE)

This application coming on for admission this day, the court passed the

following:

Advocates:
Lalitendra Pratap Singh,Advocate General

ORDER

This is first bail application filed on behalf of the applicant under Section 439 of the Code of Criminal Procedure.

The applicant is in custody since 13.06.2022 in connection with Crime No.592/2022, registered at P.S.- Shahpur, District- Burhanpur (M.P.) for the offence punishable under Sections 34(2) of M.P. Excise Act.

As per the prosecution case, on 13.06.2022, on receiving an information from an informant, police of concerned P.S. seized 53 bulk liter country made liquor from the possession of the applicant.

Learned counsel for the applicant submitted that applicant is in jail since 13.06.2022. He has not committed any crime and nothing has been seized from his possession. He has been falsely implicated. The trial of the case will take considerable time. Therefore, it has been prayed that the applicant be released on bail pending the trial.

On the other hand, learned Deputy G.A. has opposed the grant of bail to the applicant.

Having taken into consideration all the facts and circumstances of the case and the fact that trial of the case will take considerable time, I am inclined to release the applicants on bail. Consequently, first bail application under Section 439 of the Code of Criminal Procedure for grant of bail filed on behalf of applicant - Govind, S/o Baliram Rathor, stands allowed.

It is directed that applicant - Govind, S/o Baliram Rathor be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court, for his regular appearance before the trial Court during trial with a condition that he shall remain present before the concerned Court on all the dates fixed by it during trial. He shall abide by all the conditions enumerated under Section 437(3) of Cr.P.C.

This order shall be effective till the end of the trial. However, in case of bail jump and breach of any of the conditions of bail, it shall become ineffective.

Certified copy as per rules.

(DINESH KUMAR PALIWAL) JUDGE Jasleen

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