Ashraf Vs. The state.
(Post arrest bail
application in case FIR No.000/0000 Under section
3 / 4 of Prohibition (
Enforcement of Hadd) Order 1979 Police
Station ABC City XYZ.
Present:
Learned counsel for the
petitioner.
Learned
ADPP for the state.
Police
official with record.
ORDER.
This
is bail petition filed by Ashraf in case FIR No.1255/0000 recorded with police
station ABC u/s 3 / 4 of Prohibition (
Enforcement of Hadd) Order 179 (PEHO)
2- The
allegation against the accused is that the police recovered one bottle of liquor
from him.
2- Learned
counsel for the petitioner argued that the accused/petitioner is innocent and
falsely implicated in this case; that the offence leveled against the accused
does not fall within the prohibitory clause u/s 497 Cr.P.C; that the accused is
previously non-convict and no more required by the police for further
investigation.
3- On
the other hand, learned ADPP has opposed the bail petition and prayed for its
dismissal.
3- I
have heard the arguments put forth by the learned the learned counsel for the
petitioner as well as learned ADPP at length and record perused.
5- Perusal
of record reveals that the police recovered one bottle of liquor from the
accused. Presently, there is no material on record to show that the accused has
retained the liquor in his possession for the purposes of sale. The case
against the accused/petitioner calls for further inquiry.
In
view of the facts discussed above, I accept the bail petition and admit the
petitioner to bail subject to furnishing bail bonds in the sum of
Rs.30,000/-with one surety in the like amount to the satisfaction of this
court. File be placed with the challan of the case.
Announced.
00.00.0000.
Magistrate
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