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[Cites 1, Cited by 6]

Madhya Pradesh High Court

Ramratan Dangi vs The State Of Madhya Pradesh on 5 June, 2014

                                1

      Miscellaneous Criminal Case No.3242/2014
05.06.2014

Shri Vivek Singh, learned counsel for the applicant. Shri Devendra Singh, learned Panel Lawyer for the non- applicant / State.

Heard.

By filing this application under Section 439 of the Code of Criminal Procedure, 1973, the applicant Ramratan Dangi s/o Salegram Dangi is seeking bail in connection with Crime No.555/2014 registered at Police Station, Excise Department Malawar, District Rajgarh (Biaroa) (MP) for commission of alleged offence under Sections 34 (2), 45 and 49 (A) of the MP Excise Act, 1915.

Learned counsel for the applicant submits that the applicant is in custody since 28.03.2014. According to the learned counsel for the applicant, the applicant has been falsely implicated in the alleged offence.

As per the prosecution, 0.9 bulk litre of unauthorized liquor was seized from the possession of the applicant.

As per instructions received by the learned Panel Lawyer for the State, there is no criminal antecedents of the applicant for commission of offence of the similar nature.

Taking into consideration the overall facts and circumstances of the case and the evidence collected in the case diary and also to the fact that the applicant is in custody since 28.03.2014, I am of the view that the applicant has 2 made out a case for grant of bail.

Accordingly, I allow this application. The applicant be released on bail subject to his furnishing a personal bond in the sum of Rs.30,000/- (rupees thirty thousand) with one surety in the like amount to the satisfaction of the concerned JMFC / CJM for his appearance before him or trial Court, as the case may be, on all dates of hearing as may be fixed in this behalf by the Court concerned.

C. c. today.

(Shantanu Kemkar) Vacation Judge Pithawe RC