Madhya Pradesh High Court

MCRC/12487/2016 of MANOHAR 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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MCRC-12487-2016

(MANOHARVs THE STATE OF MADHYA PRADESH)

29-12-2016

Shri Nilesh Agrawal, learned Counsel for theapplicant.

Smt.Mamta Shandilya, learned Dy. Govt.Advocate for the respondent/State.

This is the first application filed by theapplicant under Section 439 of Cr.P.C. forgrant of bail.

The case diary is available.

Arguments heard.

The present applicant has been arrested by the Police Station�Excise Department, Depalpur,District Indore in Crime No.478/2016 underSections 34(1), 34(2) of M.P. Excise Act forkeeping in his possession 99 bulk liters ofcountry made liquor.

Learned counsel for the applicant submits that there is no criminal antecedents against thepresent applicant and this is his first offence.Learned Dy. Government for therespondent/State opposes the bail application.Taking into consideration all the facts andcircumstances of the case, without commentingon the merits of the case, I am of the view thatit is a fit case for grant of bail. This application filed under Section 439 of Cr.P.C. is allowed.

Accordingly, it is directed that the applicant shall be released on bail on his furnishingpersonal bond of Rs.30,000/- (Rupees ThirtyThousand only) and one surety of the likeamount to the satisfaction of the concernedMagistrate for his appearance on all the datesof hearing as may be directed in this regardduring trial.

He is further directed that on being so released on bail, he would comply with the conditionsenumerated under Section 437 (3) of Cr.P.C.meticulously.

Certified copy, as per rules.

(ALOK VERMA)JUDGE

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