Amba Lal vs State Of Madhya Pradesh

This is first bail application filed on behalf of the applicant under Section 439 of the Code of Criminal Procedure. The applicant is in custody since 29.08.2020 in connection with Crime No.418/2020 registered at Police Station- Nimbola, District- Burhanpur (M.P.) for the offence punishable under Section 34(2) of the M.P. Excise Act.

A s per prosecution case, on 29.08.2020 Police Officials, Police Station Nimbola received an information that applicant-accused kept country made liquor in his house. Police Officials reached the spot and 60 bulk liters of country made liquor was seized from the possession of present applicant.

Learned counsel for the applicant contended that the applicant is innocent and has been falsely implicated in this case. Applicant is a labour, and bread earner of his family. No liquor was seized from his possession. He has no previous antecedent. Applicant-accused is not previously convicted, so there is no probability to repeat the offence. Applicant is in jail since 29.08.2020 . Charge-sheet has been filed. It is time of COVID-19 Pandemic due to which further proceedings of trial is withheld, so trial will take time to conclude. There is no probability of his absconding or tampering with the evidence of the prosecution. On these grounds, learned counsel for the applicant prays for grant of bail to the applicant.

P.L. for the respondent/State opposes the bail application.

Considering the contention of both the parties and the fact that applicant has no criminal antecedents, so there is no probability to repeat the offence, it is alleged by the applicant that he is a labour, no liquor was seized, he has been falsely implicated in this case, it is time of COVID-19 so further proceedings of trial is withheld, so trial will take time for its final disposal, applicant is in jail since 29.08.2020, charge-sheet has been filed and also this fact that there is no probability of his absconding or tampering with the evidence of the prosecution, so it is not proper to keep the applicant-accused in jail whole the trial, therefore, without commenting on merits of the case, application of the present applicant under Section 439 of the Cr.P.C. seems to be acceptable. Consequently, it is hereby allowed.

It is directed that applicant-Amba Lal be released on bail on his furnishing bail bond in the sum of Rs.50,000/-(Rupees Fifty Thousand Only) with one surety of the same amount to the satisfaction of the concerned trial Court for his appearance before the trial Court on the dates given by the concerned Court. It is directed that the applicant shall comply with the provisions of Section 437(3) of the Cr.P.C.

In view of the outbreak of 'Corona Virus disease (COVID-19)' the applicant shall also comply with the rules and norms of social distancing. Further, in view of the order passed by the Hon'ble Supreme Court in suo moto W.P.No.1/2020, it would be appropriate to issue the following direction to the jail authority:-

The Jail Authority shall ensure the medical examination of the applicant by the jail doctor before his release.

2 . The applicant shall not be released if he is suffering from 'Corona Virus disease'. For this purpose appropriate tests will be carried out.

3 . If it is found that the applicant is suffering from 'Corona Virus disease', necessary steps will be taken by the concerned authority by placing him in appropriate quarantine facility.

Certified copy as per rules.