14/10/2011 Shri R.S. Ahirwar, Advocate for the applicant. Shri R.P. Rathi, P.L. for the respondent- State. Heard on admission. Admit. Also heard on I. A. No. 10920/2011, which is an application for urgent hearing filed on behalf of applicant. Considering the reasons assigned in the application, application (I.A. No. 10920/2011) is allowed. Matter is taken up today for hearing. Perused the case diary. This is first application under Section 439 of Cr. P. C. filed on behalf of applicant, who has been arrested in connection with Crime No.230/2011 registered at police Thana Khaniyadhana, District Shivpuri for the offence punishable under Section 34(2) of Excise Act. As per prosecution case, 55 litre of country-made liquor was recovered from illegal possession of the applicant, for which he was having no licence. It is submitted by learned counsel for the applicant that case is triable by JMFC. Charge sheet has already been filed. Applicant is in custody since the date of his arrest. On these grounds, prayed for grant of bail. Learned P.L. for the respondent- State opposed the application and prayed for its rejection. Considering all the facts and circumstances of the case but without expressing any opinion on the merit of the case, the application is allowed and it is directed that the applicant be released on bail, on his furnishing a personal bond in the sum of Rs.35,000/- (Rupees thirty five thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court, for his regular appearance before the trial Court concerned during pendency of the case and he shall also comply with the conditions as enumerated under Section 437(3) of Cr. P. C. A copy of this order be sent to the Court concerned for information and compliance. Certified copy as per rules. (Indrani Datta) Judge