Amit Patel vs State Of Madhya Pradesh

Heard on these first applications filed under Section 439 of Cr.P.C for grant of bail to the applicants, as they have been arrested in connection with Crime No.290/2020, registered at Police Station Bhedhaghat, District Jabalpur for the offence punishable under Sections 34(2) and 49 (A) of M.P. Excise Act, 1915.

The case of the prosecution is that, on the information of an informant, the Police Authorities of Police Station Bhedhaghat intercepted the house of co-accused Sachin Vishwakarma situated at Village Cheetapar. On search being made, it was found that co-accused Sachin Vishwakarma with the help of applicants and other accused persons involved in manufacturing some liquor by using country made liquor, Urea and Nausadar. The said articles were recovered from the possession of co-accused Sachin Vishwakarma and applicants, who were not in a position to show any license or authority for manufacturing the liquor. FIR was lodged, on that basis crime under the aforementioned offence has been registered against the applicants.

It is submitted by the learned counsel for the applicants that the applicants are innocent persons. They had not committed any offence and have falsely been implicated in the case. They are in judicial custody since 28.08.2020. The trial will take time to conclude. There is no likelihood of their absconding or tampering with the prosecution witnesses. Therefore, it is prayed that the applicants be released on bail.

Learned counsel for the respondent/State opposing the submissions made on behalf of the applicants, prayed for rejection of the bail application.

Keeping in view the facts and circumstances of the case particularly the facts as pointed out by the learned counsel for the applicants and also looking to the exigency of Covid-19 disease, in my opinion, it is a fit case for grant of bail, hence, without commenting on merits, these applications are allowed.

It is directed that the applicants shall be released on bail on their furnishing personal bond in the sum of Rs.30,000/- (Rupees thirty thousand only) along with one solvent surety each in the like amount to the satisfaction of the trial Court to appear before the Court on the dates given by the concerned Court. It is further directed that applicants shall comply with the provisions of Section 437(3) of Cr.P.C.

In view of the outbreak of 'Corona Virus disease the applicants shall also comply with the rules and norms of social distancing.

Further, in view of the order passed by the Hon'ble Supreme Court suo-moto in W.P. No.1/2020, it would be appropriate to issue the following directions to the jail authority :-

The Jail Authority shall ensure the medical examination of the applicants by the jail Doctor before their release.

The applicants shall not be released, if they are suffering from 'Corona Virus disease'. For this purpose appropriate tests will be carried out.

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

These applications stand allowed and disposed of. Certified copy as per rules.