High CourtsSingle Bench

Anand Singh vs State Of Madhya Pradesh

Madhya Pradesh High Court · Decided on 10 August 2021 · Citation: (2021) 08 MP CK 0063

HON’BLE JUDGES
Arun Kumar Sharma, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 437(3), 439 · Madhya Pradesh Excise Act, 1915 — Section 34(2)
RESULT
Allowed
CASE NUMBER
Miscellaneous Criminal Case No.39363 Of 2021
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Judgment

22 paragraphs · 377 words

Arun Kumar Sharma, J

This is first application filed by the applicant/accused under Section 439 of Cr.P.C for grant of bail, who has been arrested on 24.7.2021 by Police

Station-Crime Branch, Bhopal (MP) in connection with Crime No.207/2021 registered for the offence punishable under Section 34 (2) of the M.P.

Excise Act.

It is alleged that the applicant was found in illegal possession of 72 bulk liters of illicit liquor.

It is submitted that the applicant is innocent. He is in custody since 24.7.2021. Charge sheet has been filed. Trial will take time. Further custody of the

applicant is not warranted. Hence, he be released on bail

Learned PL has opposed the application.

Considering the facts and circumstances of the case, this application is allowed and it is ordered that the applicant / accused Anand Singh be released

on bail on his furnishing a personal bond for the sum of Rs.25,000/- with a solvent surety in the like amount to the satisfaction of the trial court for

securing his presence before the said Court on all the dates of hearing fixed in this regard during trial and for complying with the conditions

enumerated in sub-section (3) of Section 437 of 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 motu W.P.No.1/2020, it would be appropriate to issue the following

directions to the Jail authorities :-

1.

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 and for this purpose, appropriate tests will be carried out.

3.

If it is found that the applicant is suffering from ÂÅ"Corona Virus DiseaseÂ, necessary steps will be taken by the concerned authority by placing

him in appropriate quarantine facility.

4.

If the applicant is not found infected with the alleged virus, the jail authority shall ensure his transportation from the jail to his place of residence.

The transportation shall be done in full compliance of the rules and norms of social distancing.

Certified copy as per rules.