Madhya Pradesh High Court

MCRC/13145/2016 of PRAKASH Vs THE STATE OF MADHYA PRADESH on 29 December 2016

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STATE OF MADHYA PRADESH) 29-12-2016 Shri Nilesh

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29-12-2016

MCRC-13145-2016

(PRAKASHVs THE STATE OF MADHYA PRADESH)

Shri Nilesh Dave, learned counsel for the applicant. Shri Pushyamitra Bhargava, learned counsel for therespondent/State.

Case diary is available. Argument heard.

This is first application filed by the applicant undersection 439 of the Code of Criminal Procedure for grantof bail.

The present applicant was arrested by Police Station� Excise Department, Malwameel Indore, District �Indore in Crime No.546/2016 under Section 34(2) of M.P.Excise Act for keeping in his possession 59.5 bulk litersof contraband country liquor.

Learned counsel for the applicant submits that thepresent applicant is 21 years of age and he has nocriminal antecedent. He has been falsely implicated inthis matter.

Learned counsel for the State opposes theapplication.

After taking into consideration all the facts andcircumstances of the case and without commenting onmerit of the case, I am of the view that it is a fit case forgrant of bail. The application filed under section 439 ofthe Cr.P.C. is allowed.

It is directed that the applicant shall be released on bail on his furnishing a personal bond of Rs.30,000-/(Rs. Thirty Thousand only) and one solvent surety ofthe like amount to the satisfaction of the concernedMagistrate for his appearance on all the dates of hearingas may be directed in this regard during trial.

He is further directed that on being so released onbail, he would comply with the conditions enumeratedunder section 437(3) Cr.P.C. meticulously.

Certified copy as per rules.

(ALOK VERMA)JUDGE

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