The present application has been filed by the applicant-accused under Section 439 of Criminal Procedure Code for regular bail.
The applicant-accused is charged with having committed offences under Sections 66(1)(B), 65AE, 115(2) and 81 of the Bombay Prohibition Act, for which, FIR being III-C.R.No.1024/22010 has been lodged at Chikhli Police Station.
Learned counsel, Mr.Tolia for the applicant submitted that the applicant is not the main accused and the alleged offences are under the provisions of the Prohibition Act and, therefore, the present application may be allowed.
Learned A.P.P., Ms.Shukla resisted the present application and submitted that 84 bottles have been recovered and the investigation is not over.
Having heard learned counsel appearing for the respective parties and having regard to the nature of offence and the role attributed, the present application deserves to be allowed.
Accordingly, present application stands allowed. The applicant is ordered to be released on regular bail in connection with III-C.R.No.1024/2010 registered with Chikhli Police Station on his executing a bond of Rs.5,000/- (Rupees Five Thousand Only) with one solvent surety of the like amount to the satisfaction of the lower Court and subject to the conditions that he shall:
(a) not take undue advantage of his liberty or abuse his liberty.
(b) not to try to tamper or pressurize the prosecution witnesses or complainant in any manner.
(c) not act in any manner injurious to the interest of the prosecution.
(d) maintain law and order and should cooperate the investigating officers.
(e) furnish the address of his residence to the Investigating Officer and also to the Court at the time of execution of the bond and shall not change his residence without prior permission of the Court.
(f) surrender his passport, if any, to the lower Court, within a week.
(g) mark his presence before concerned Police Station 1st day of every calender month between 11:00 AM and 2:00 PM till the chargesheet is filed.
If breach of any of the above conditions is committed, the concerned Sessions Judge will be free to issue warrant or take appropriate action in the matter.
Bail before the lower Court having jurisdiction to try the case. It would be open to the trial Court concerned to give time to furnish the solvency certificate if prayed for.
Rule is made absolute to the aforesaid extent. Direct service permitted.
(RAJESH H.SHUKLA, J.) /patil Top