LAWS(MPH)-2022-12-112

KAMAL PRAJAPATI Vs. STATE OF MADHYA PRADESH

Decided On December 29, 2022
Kamal Prajapati Appellant
V/S
STATE OF MADHYA PRADESH Respondents

JUDGEMENT

(1.) This is first bail application under Sec. 439 Cr.P.C. filed on behalf of the applicant. The applicant is in custody since 13/12/2022 in connection with Crime No.P-8/318/2022 registered at P.S. Excise Circle Chanchoda, District Guna (M.P.) for the offence punishable under Ss. 34(1) and 34(2) of Excise Act.

(2.) Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the offence. Applicant has suffered jail incarceration since 13/12/2022. Due to his jail incarceration, his family is in penury and on the verge of starvation. Moreso, trial is not likely to be concluded early in the near future. Under such circumstances, the prayer for grant of bail may be considered on such terms and conditions as this Court deems fit and proper.

(3.) Consequently, the application of the applicant filed under Sec. 439 of the Criminal Procedure Code, 1973, is hereby allowed. It is directed that the applicant be released on bail on furnishing personal bond in the sum of Rs.50,000.00 (Rupees Fifty Thousand only) with one solvent surety in the like amount to the satisfaction of the learned Trial Court and on the condition that he shall remain present before the Court concerned during trial and also comply with the conditions enumerated under Sec. 437 (3) of Criminal Procedure Code, 1973 with following further conditions: