DISTRICT RATLAM (MADHYA PRADESH) v. MISC. CRIMINAL CASE No. 26712 of 2023

( BY SHRI HEMANT SHARMA-GOVERNMENT ADVOCATE) MISC. CRIMINAL CASE No. 26712 of 2023 .....RESPONDENTS BETWEEN:- ARVIND S/O OMPRAKASH MAIDA, AGED ABOUT 22 Y E A R S , OCCUPATION: LABORER R/O VILLAGE UMMEDPURA PS PIPLODA DISTT. RATLAM (MADHYA PRADESH) (BY SHRI APOORV JOSHI-ADVOCATE) . AND THE STATE OF MADHYA PRADESH STATION HOUSE OFFICER THROUGH POLICE STATION PIPLODA DISTRICT RATLAM (MADHYA PRADESH) .....APPLICANT .....RESPONDENTS Signature Not Verified Signed by: PRAVEEN Signing time: 03-07- 2023 18:22:57 ( BY SHRI HEMANT SHARMA- GOVERNMENT ADVOCATE) 2 This application coming on for orders this day, th e court passed the following: Heard with the aid of case diary. ORDER These are first application filed under Section 439 of Cr.P.C. for grant of bail to the applicants/accused, relating to FIR/Crime No.168/2023 dated (not mentioned) registered at Police Station Piploda, District Ratlam (M.P.) for commission of offence punishable under Section 34(2) and 42 of M.P. Excise Act.

#2. As per prosecution story, on 12.05.2023, the police has recovered 54 bulk liters country made liquor from the joint possession of applicants without having any license and authority.

#3. Learned counsel the applicants submits applicants/accused has not committed the offence and they have falsely been implicated in the case. After completion of the investigation, charge sheet has been filed. The applicants are in custody since 12.05.2023. The applicants are not having criminal antecedents. The offence registered against the applicants is exclusively triable by the Judicial Magistrate First Class. Conclusion of trial would take time to its disposal. Hence, prayer has been made to release the applicant on bail.

#4. On the other hand, learned Government Advocate for the non- applicant/State opposes the application by submitting that offence under Section 392 of IPC and 379 of IPC were registered against the each applicants in the year 2021 and 2023 and prayed for its rejection. 5 . Having considered the rival submissions and also considering the Signature Not Verified Signed by: PRAVEEN Signing time: 03-07- 2023 18:22:57 facts and circumstances of the case, this Court is of the view that applicants deserves to be enlarged on bail, hence, without commenting on the merits of the 3 case, the application is allowed.

#6. It is directed that applicants SUKHRAM S/O GAUTAM DEVDA and ARVIND S/O OMPRAKASH MAIDA shall be released on bail on their furnishing a personal bond for a sum of Rs.50,000/- (Rupees Fifty thousand only) each alongwith one solvent surety in the like amount to the satisfaction of the concerned Court, for his appearance before the concerned Court regularly on all such dates as may be fixed in this regard during trial. It is further directed that applicant shall comply with the provisions of Section 437 (3) of Cr. P. C.

#7. This order shall be effective till the end of trial but in case of bail jump, it shall become ineffective.

#8. With the aforesaid, this application is allowed and stands disposed of. Certified copy, as per Rules. Praveen (PRAKASH CHANDRA GUPTA) JUDGE Signature Not Verified Signed by: PRAVEEN Signing time: 03-07- 2023 18:22:57