Akash Chourasiya vs State Of Madhya Pradesh

Anjuli Palo, J

This is first application under Section 439 of Cr.P.C. for grant of bail filed on behalf of applicant - Akash Chourasiya who has been arrested in

connection with Crime No.493/2020 registered at Police Station- Amarpatan, district- Satna for commission of offence punishable under Section 34

(2) of the Excise Act. The applicant is in custody since 15.10.2020.

As per the prosecution case, 108 litres of country made and foreign liquor have been seized from the possession of the applicant and other co-accused

persons.

Learned counsel for the applicant submits that the applicant has been falsely implicated in the case. It is further contended that there is no criminal

antecedent of the applicant. It is also contended that due to COVID 19 pandemic, the trial of the case would take time, therefore, the applicant may

be enlarged on bail. It is also contended that co accused person has already b een released on bail vide order dated 10.11.2020 passed in M.Cr.C.

No.42904/2020.

Learned Panel Lawyer for the State has strongly opposed the bail application.

Considering the facts and circumstances of the case and the fact that due to COVID 19 pandemic the trial of the case would take a considerable time

and keeping in view the principles of parity, without commenting on the merits of the case, this application is allowed. It is directed that Applicant -

Akash Chourasiya be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent

surety, in the like amount to the satisfaction of the concerned trial Court for his appearance on the dates so fixed by that Court during trial. The

applicant shall comply with the provisions of Section 437 (3) of the Cr.P.C. It is made clear that if the applicant involves himself in similar offences in

future, this order shall stand ineffective automatically.

Accordingly, the application is allowed and disposed of.