Anup vs State Of Madhya Pradesh

Anil Verma, J

Applicant has filed this first bail application under Section 439 of the Code of Criminal Procedure, 1973. He is in Jail since 11/10/2021 in connection with Crime No. 280/2021 registered at P.S - Machalpur, District- Ratlam (M.P.) for commission of offence punishable under Section 34(2) of the M. P. Excise Act.

As per prosecution story, the applicant alongwith other co-accused persons was found to be in possession of 129.600 bulk litres liquor unauthorisedly and illegally during the search by police. Accordingly, a case has been registered.

Learned counsel for the applicant contended that applicant is innocent and has been falsely implicated in this offence. No further custodial investigation is required. There is no legal evidence available on record to connect the applicant with the aforementioned offence. He is in jail since 11/10/2021. He is a permanent resident of District-Rajgarh. Final conclusion of trial shall take sufficient long time. Under the above circumstances, prayer for grant of bail may be considered on such terms and conditions, as this Court deems fit and proper.

Per-contra, learned PL for respondent - State opposes the bail application and prays for its rejection by submitting that one another case under section 323 of IPC has also been registered against the present applicant.

Perused the impugned order of the trial Court as well as the case dairy.

Considering all the facts and circumstances of the case, arguments advanced by both the parties, nature and gravity of allegation as also taking note of the fact that the applicant is in jail since 11/10/2021 and possibility of delay in conclusion of the trial cannot be ruled out, I deem it proper to release the accused / applicant on bail.

Accordingly, without commenting on the merits of the case, the application is allowed. It is directed that the applicant be released on bail on his furnishing personal bond in the sum of Rs.40,000/- (Rs. Forty Thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court for his appearance before the trial Court, as and when required. He shall abide by the conditions enumerated u/S. 437(3) Cr.P.C.,

Before releasing the applicant from the custody, the Jail Authorities are directed to medically examine him in order to rule out the possibility of Covid-19 infections and shall comply with the directions issued by the Hon'ble Apex Court in W.P.No. 01/2020.

Certified copy, as per Rules.