Ajay vs State Of Madhya Pradesh

Rohit Arya, J

This is second repeat bail application under Section 439 Cr.P.C. filed on behalf of the applicant. His first application was dismissed as withdrawn vide order dated 29/07/2021 passed in MCRC No.33659/2021 with liberty to revive this after four weeks. The applicant is in custody since 30/05/2021 in connection with Crime No.388/2021 registered at P.S., Dhamnod, District-Dhar for the offence punishable under Sections 34(2) of M.P. Excise Act.

As per prosecution story, applicant was found to be in illegal and unauthorized possession of 172.20 bulk liters of liquor. Accordingly, case has been registered against the applicant.

Investigation is complete. Challan has been filed.

Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in the offence. Applicant has suffered jail incarceration since 30/05/2021. Investigation is complete. Challan has been filed. He is no more required for custodial investigation. He has no criminal antecedents. Moreso, looking to prevailing Covid-19 situation, trial is not likely to conclude early in the near future. Hence, under such circumstances, the applicant may be enlarged on bail on such terms and conditions this Court deems fit and proper .

Per contra, learned Panel Lawyer opposes the bail application supporting the order impugned.

A t this stage, learned counsel for the applicant, on instructions graciously and voluntarily submits that looking to the grave critical social and economic condition, applicant volunteers to deposit a sum of Rs. 20,000/- (Rupees twenty Thousand) in favour of Jila Bal Sarakshan Samiti, Alirajpur (State Bank of India Account No.3195613178, IFSC Code SBIN0030047) to be utilized for providing clothing, food and other essential amenities required for old age persons living in old age homes, vidhwas living in vidhwa aashrams, orphans living in orphanage, sufferers of Covid-19 Pandemic as well as for providing facility of bio gas plant (Gobar Gas) to poor villagers, agriculturists for enabling them to avail the LPG gas for domestic purpose, so also for providing basic amenities ( i.e. shed, chairs, lights, water cooler with RO ,Ceiling Fans etc.) in District Jail,Alirajpur where advocates and relatives meet the prisoners for consultations/discussions. However, the aforesaid deposit of amount may not influence the pending trial but is only, for enlargement of applicant on bail.

This court appreciate the gesture shown by learned counsel for the applicant.

Upon hearing counsel for the parties but without touching merits of the contentions so advanced, regard being had to the fact that applicant having no criminal antecedents is in jail since 30/05/2021, investigation is complete and chargesheet has been filed, he is not required for custodial investigation. Moreso, due to Covid-19 pandemic, possibility of delay in conclusion of trial cannot be ruled out, hence, applicant is held entitled for enlargement on bail.

Consequently, the application of the applicant filed under Section 439 of the Criminal Procedure Code, 1973 is hereby allowed. It is directed that the applicant be released on bail furnishing personal bond in the sum of Rs.1,50,000/- (rupees one lac 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 Section 437 (3) of Criminal Procedure Code, 1973 with following further conditions:

( i) the applicant shall prepare demand draft of an amount of Rs.20,000/- (Rupees Twenty Thousand only) in favour of Jila Bal (State Bank of Saraks han Samiti, Alirajpur India Account No.3195613178, IFSC Code SBIN0030047) for providing basic amenities, clothing, food/food items and other essential amenities required for old age persons living in old age homes, vidhwas living in vidhwa aashrams, orphans living in orphanage , sufferers of Covid-19 Pandemic as well as for providing facility of bio gas plant (Gobar Gas) to poor villagers, agriculturists for enabling them to avail the LPG gas for domestic purpose, so also for providing basic amenities (i.e. shed, chairs, lights, water cooler with RO ,Ceiling Fans etc.) in District Jail, Alirajpur where advocates and relatives meet the prisoners for consultations/discussions etc.However, the aforesaid amount shall have no bearing on the pending trial, but is only for enlargement of the applicant on bail.

(ii)(a) the applicant will submit the aforesaid original demand drafts alongwith copy of the order passed today through his counsel before the Principal Registrar of this Bench, for keeping the same in his safe custody.

(ii)(b) The Registry is directed to accept the original demand drafts without mentioning the account number therein. However, ensure that the same is in relation to the present case.

(ii)(c) as and when directed the Principal Registrar shall seek instructions/directions through PUD from this Court for handing over the demand drafts to the concerned authority in that behalf.

(iii) the applicant will mark his attendance before the concerned Police Station on 2nd and 4th Saturday of every month between 10.00 am to 12.00 noon.

(iv) the aforesaid authority is at its discretion to utilize the amount so deposited as and where it is required upon verification. The Collector, Alirajpur is also directed to maintain a separate account (for production of the record as and when directed for).

(v) the applicant will abide by the terms and conditions of various circulars and orders issued by the Government of India and the State Government as well as the local administration from time to time in the matter of maintaining social distancing, physical distancing, hygiene, etc., to avoid proliferation of Novel Corona virus (COVID-19);

(vi) the concerned jail authorities are directed that before releasing the applicant, the medical examination of the applicant be conducted through the jail doctor and if it is prima facie found that he is having any symptoms of COVID-19, then the consequential follow up action or any further test required be undertaken immediately. If not, the applicant will be released on bail in terms of the conditions imposed in this order;

(vii) It is hereby directed that the Collector Alirjapur shall release the amount for purchase of aforesaid mentioned items to be requisitioned by Jail Superintendent, Alirajpur.

(viii) That the Superintendent of Jail shall furnish the details of expenditure made for providing facilities as ordered with proper receipts etc before the Principal Registrar of High Court of Madhya Pradesh Indore Bench.

(ix) In future, if the applicant is found to be involved in such nature of cases or any other similar criminal cases or misuse the bail granted by this Court, this bail order shall stand cancelled automatically.

(x) violation of conditions, State is free to apply for cancellation of bail.

Learned Panel Lawyer is directed to send an e-copy of this order to all the concerned including the concerned Station House Officer of the Police Station for information and necessary action.

E-certified copy as per rules.