Amar Shivhare vs State Of Madhya Pradesh

Rajeev Kumar Shrivastava, J

I.A.No.16009/2021, an application for urgent hearing is taken up, considered and allowed for the reasons mentioned therein.

This is the first bail application u/S.439 Cr.P.C filed by the applicant for grant of bail.

Applicant has been arrested on 21/05/2021 by Police Station Crime Branch, District Gwalior (MP) in connection with Crime No. 47/2021 registered

for the offence punishable under sections 34(2) of M.P. Excise Act.

It is submitted by learned counsel for the applicant- Amar Shivhare that the applicant has not committed any offence, he has been falsely implicated in

the offence. He is in custody since 21/05/2021. As per prosecution story, 139.5 bulk liters illicit liquor has been recovered from the possession of the

present applicant. Investigation is pending. Trial will take its own time. Hence, prayed for grant of bail. He further undertakes to abide by all the terms

and conditions of guidance, circulars and directions issued by Central Government, State Government as well as Local Administration regarding

measures in respect of COVID-19 Pandemic and maintain hygiene in the vicinity while keeping physical distancing.

Learned counsel for the State has vehemently opposed the application and has submitted that the case is registered under sections 34(2) of Excise Act

and 139.5 bulk liters illicit liquor has been seized from the possession of present applicant. Hence, prayed to reject the bail application.

Heard learned counsel for the parties at length through VC and considered the arguments advanced by them and perused the case diary.

Considering the the facts and circumstances of this case, without commenting upon the merits of the case, the application is allowed and it is hereby

directed that the applicant shall be released on bail on his furnishing personal bond of Rs.1,00,000/- (Rupees One Lakh only) with one solvent surety to

the satisfaction of the Court concerned for his regular appearance before the trial Court concerned on the dates fixed by it.

In view of COVID-19 pandemic, the jail authorities are directed that before releasing the applicant, his Corona Virus test shall be conducted and if it is

found negative, then the concerned local administration shall make necessary arrangements for sending the applicant to his house, and if his test is

found positive then the applicant shall be immediately sent to concerning hospital for his treatment as per medical norms. If the applicant is fit for

release and if he is in a position to make his personal arrangements, then he shall be released only after taking due travel permission from local

administration. After release, the applicant is further directed to strictly follow all the instructions which may be issued by the Central Govt./State

Govt. or Local Administration for combating the Covid-

If it is found that the applicant has violated any of the instructions (whether general or specific) issued by the Central Govt./State Govt. or Local

Administration, then this order shall automatically lose its effect, and the Local Administration/Police Authorities shall immediately take him in custody

and would send him to the same jail from where he was released.

This order will remain operative subject to compliance of the following conditions by the applicant/s :-

The applicant/s will comply with all the terms and conditions of the bond executed by him/her;

The applicant/s will cooperate in the investigation/trial, as the case may be;

The applicant/s will not indulge himself/herself/themselves in extending inducement, threat or promise to any person acquainted with the facts of the

case so as to dissuade them from disclosing such facts to the Court or to the Police Officer, as the case may be;

The applicant/s shall not commit an offence similar to the offence of which he/she is accused. In case of repetition of any offence, this bail order

shall stand cancelled automatically;

The applicant/s will not move in the vicinity of complainant party and applicant/s will not seek unnecessary adjournments during the trial;

The applicant/s will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be; and

The applicant/s will inform the SHO of concerned Police Station about his/her/their residential address in the said area and it would be the duty of

the State Counsel to send E-copy of this order to SHO of concerned Police Station for information.

Applicant shall mark his presence before the SHO of the concerned Police Station once a month till conclusion of the trial. The concerned SHO is

directed to submit attendance report of the applicant before the Principal Registrar of this Court once in every quarter of a year.

Application stands allowed and disposed of.

E- copy of this order be sent to the trial Court concerned for compliance, if possible for the office of this Court.

Certified copy/ e-copy as per rules/directions.